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SCA/3626/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3626 of 2011
=========================================================
VALLABHBHAI
DHAMJIBHAI VAGHELA - Petitioner(s)
Versus
PASCHIM
GUJARAT VIJ COMPANY LTD - Respondent(s)
=========================================================
Appearance
:
MR
PM LAKHANI for
Petitioner(s) : 1,MRS RP LAKHANI for Petitioner(s) : 1,
None for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/03/2011
ORAL
ORDER
1. Heard
Mr.P.M.Lakhani, learned advocate for the petitioner.
2. It
is not in dispute that wile the petitioner preferred appeal, before
the appellate authority, the appeal was time barred. However, any
application seeking condonation of delay caused in filing the appeal
was not filed. Since, the appellate authority, in absence of any
application seeking condonation of delay and justifying the delay
caused in filing the appeal and making out sufficient cause for
condoning the delay, can not condone the delay, the appellate
authority passed the order which is impugned in the present petition.
3. By
the impugned order the appellate authority has disposed of the appeal
as barred by limitation. Since, undisputedly, there was no
application seeking condonation of delay, the aforesaid order came to
be passed.
3. Therefore,
after arguing the petition to some extent, learned advocate for the
petitioner has submitted that the petitioner would approach the
authority with appropriate application seeking condonation of delay
and requesting the authority to pass appropriate order thereon, more
particularly, in view of the fact that appeal was barred by only
three days.
4. Having
regard to the submissions made by learned advocate, petition is
disposed of at this stage since the petitioner intends to approach
the appellate authority with appropriate application seeking
condonation of delay in filing the appeal. If and when such
application is preferred, the appellate authority shall consider the
same in accordance with law and without being influenced by the order
impugned in present petition or even this order. The petition is
disposed of in view of the statement made by learned advocate for
petitioner.
5. With
the aforesaid clarification, the petition is disposed of as
withdrawn.
(K.M.THAKER,
J.)
Amit
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