General Manager Ongc vs Patel Dhirajkumar Kalidas Abated ...
2021 Latest Caselaw 18196 Guj

        C/CA/734/2021                                ORDER DATED: 07/12/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 734 of 2021
                                   In
                     F/FIRST APPEAL NO. 6383 of 2021
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                                 GENERAL MANAGER ONGC
                                            Versus
                      PATEL DHIRAJKUMAR KALIDAS ABATED AND HEIRS
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR AKASH R PATEL(10822) for the Respondent(s) No. 1.1,1.2,1.3
MR.PINANK J RAIYANI(10166) for the Respondent(s) No. 1.1,1.2,1.3
RULE SERVED(64) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 07/12/2021
                    ORAL ORDER

Heard Mr. Yogendra Thakore, learned advocate for the applicant, Mr. Pinank J. Raiyani, learned advocate for respondent Nos.1.1, 1.2 and 1.3 and Mr. Manraj Barot, learned AGP for respondent No.2.

The present application under Section 5 of the Limitation Act is preferred to condone the delay which has occurred in preferring First Appeal to assail impugned judgment and award of the reference Court.

Mr. Thakore, learned advocate submits that the delay has occurred for the reasons mentioned in the application. He, therefore, urges that the delay may be condoned.

Mr. Barot, learned AGP and Mr. Raiyani, learned advocate oppose this application. They submit that the delay is not satisfactorily explained. They submit that in absence of satisfactory explanation, huge delay may not be condoned.

I have considered the arguments of learned advocates of either side and considering the averments made in the application and the facts of the case, the delay is condoned. Rule is made absolute.

(A.G.URAIZEE, J) Manoj