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CA/1289/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1289 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 279 of 2010
=========================================================
SAVITABEN
@ SAVITRIBEN WD/O KANAIYALAL SHANKARLAL PATEL & 2 - Petitioner(s)
Versus
DRIVER
OF TRUCK NO GOA-5627, DIGUBHA JATUBHA PARMAR & 2 - Respondent(s)
=========================================================
Appearance
:
MR
TEJAS P SATTA for
Petitioner(s) : 1 - 3.MR JAYESH V PATEL for Petitioner(s) : 1 -
3.
SERVED BY AFFIX.-(R) for Respondent(s) : 1,
RULE SERVED for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/03/2010
ORAL
ORDER
Heard
learned advocate Mr.Jayesh V. Patel appearing for the applicants.
Though served no one appears on behalf of the opponents.
This
application under Section 5 of the Limitation Act has been taken out
seeking condonation of delay of 182 days in filing the First Appeal
against the judgment and award dated 04.04.2009 passed by the Motor
Accident Claims Tribunal (Main) Mehsana in Motor Accident Claim
Application No.1339/1999.
Having
regard to the submissions made by the learned advocates appearing for
the respective parties during the hearing and the averments made in
the application, it emerges that the applicant has given satisfactory
explanation and has made out sufficient cause to condone the delay
caused in preferring the First Appeal. Since sufficient cause has
been made for condonation of delay, the relief prayed for in
para-9(b) deserves to be granted. Hence the relief prayed for in
para-9(b) is granted. Delay of 182 days caused in preferring the
First Appeal is condoned. Rule is made absolute to the aforesaid
extent.
(K.M.Thaker,J.)
rakesh/
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