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CA/8304/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 8304 of 2006
In
FIRST
APPEAL (STAMP NUMBER) No. 1596 of 2006
=========================================================
UNION
OF INDIA THROUGH GENERAL MANAGER & 2 - Petitioner(s)
Versus
BIPINBHAI
THAKARSINH BHUMBHANI - Respondent(s)
=========================================================
Appearance
:
MR
RM VIN for Petitioner(s) : 1-3,
MR NK MAJMUDAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANIL R. DAVE
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 13/11/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE ANIL R. DAVE)
This
is an application for condonation of delay caused in filing First
Appeal (stamp) No.1596/06.
Though
the opponent has been served, neither he nor his advocate has
appeared.
Even
on 27th September, 2006, when this application was
notified for hearing, nobody had appeared and, therefore, in the
interest of justice the hearing had been adjourned from time to time.
Even today nobody has appeared for the opponent and, therefore, the
application is heard on merits.
We
have heard learned advocate Shri R.M.Vin for the applicants. It has
been submitted by him that the appeal had been filed within the
period of limitation but as certified copy of the impugned judgment
could not be filed along with the memo of appeal, technically there
is delay in filing the appeal and the said delay be kindly condoned.
Looking
to the facts of the case and in view of the fact that there is no
opposition, in the interest of justice, the delay is condoned. The
application is disposed of as granted. Rule is made absolute with no
order as to costs.
(Anil
R. Dave, J.)
(H.N.Devani,
J.)
//smita//
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