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CR.MA/1147/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No.1147 of 2010
In
CRIMINAL
REVISION APPLICATION No.13 of 2010
===================================================
STATE
OF GUJARAT & 1 - Applicant(s)
Versus
ABRAMA
SEVA SAHKARI MANDALI LTD,
THRO'
DINESHBHAI SUKHABHAI - Respondent(s)
===================================================
Appearance
:
MR KL PANDYA, APP for Applicant(s)
: 1 - 2.
RULE NOT RECD BACK for Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 13/05/2010
ORAL
ORDER
By
this application, under Section 5 of the Limitation Act, the
applicants seek condonation of delay of 165 days caused in
preferring Criminal Revision Application No.13 of 2010.
Mr.K.L.Pandya,
learned Assistant Public Prosecutor, has invited the attention of
the Court to the averments made in the memo of application and more
particularly in Paragraph No.3 thereof. Attention is also invited to
the supporting affidavit made by Mr.G.P.Rathod, Under Secretary,
Legal Department, Sachivalaya, Gandhinagar wherein he has explained
in detail as to why there was delay in filing the revision
application.
The
Court has also heard Mr.Saurabh G. Amin, learned advocate for the
respondent. Though rule had been made returnable on 26.02.2010,
there is no affidavit opposing the present application.
In
the aforesaid circumstances, considering the averments made in
Paragraph No.3 of the memo of application as well as the additional
affidavit made by the Under Secretary, sufficient cause is made out
for condoning the delay caused in filing Criminal Revision
Application No.13 of 2010.
In
the circumstances, the application is allowed. The delay caused in
filing Criminal Revision Application No.13 of 2010 is hereby
condoned. Rule is made absolute accordingly with no order as to
costs.
Sd/-
[
H.N.DEVANI, J]
***
Bhavesh*
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