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CA/7764/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7764 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 4593 of 2009
To
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7776 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 4605 of 2009
=========================================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
LAXMISHANKAR
REVASHANKAR - Respondent(s)
=========================================================
Appearance
:
MS
MANISHA NARSINGHANI, AGP for Petitioner(s) : 1 - 2.
MR PRAJAPATI
for Respondent(s) : 1, 1.2.1,1.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 23/07/2010
ORAL
ORDER
Rule. Learned counsel,
Mr.Prajapati, waives service of notice of rule on behalf of the
respondents.
The Civil Applications
have been filed by the present applicants for condoning the delay
of 479 days caused in preferring First Appeals.
I have heard learned
counsel for the applicants and also gone through the reasons
mentioned in the Civil Applications on oath regarding
condonation of delay. Reasons as to why appeals could not be filed
in time are stated in paras 3 and 4 of the applications.
In view of the fact
that the reasons stated in the applications have not been
controverted by the otherside by filing an affidavit and also
in view of the principles governing the discretionary exercise of
power under Sec.5 of the Limitation Act, 1963, I am of the view that
sufficient cause has been stated for not filing the appeals in time
and hence, delay caused in filing appeals is to be condoned and
civil applications are required to be allowed.
For the aforesaid
reasons, applications are allowed. Delay of 479 days caused in
filing First Appeals is condoned. Rule is made absolute.
(M.D.SHAH,J.)
radhan
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