Satishkumar Kantilal Shah vs Harish Choksi
2021 Latest Caselaw 18310 Guj

      C/CA/1148/2020                                 ORDER DATED: 10/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1148 of 2020
                        In F/FIRST APPEAL NO. 42957 of 2019
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                          SATISHKUMAR KANTILAL SHAH
                                    Versus
                                HARISH CHOKSI
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Appearance:
MR MOHSIN M HAKIM(5396) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
RULE NOT RECD BACK(63) for the Respondent(s) No. 4,5
RULE SERVED(64) for the Respondent(s) No. 6
RULE UNSERVED(68) for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                 Date : 10/12/2021

                                  ORAL ORDER

This application is filed under Section 5 of the Limitation Act for condonation of delay of 411 days caused in filing the First Appeal against the impugned judgment and award.

Heard learned advocate for the applicant, learned advocate Mr.Sood for respondent no.3 and learned advocate Mr.Mazmudar for respondent no.5. The contesting respondents are served.

Considering the averments made in the application and the submissions canvassed by learned advocates for the parties, it transpires that the applicant has shown sufficient cause for not filing the appeal within the limitation period. Accordingly, this civil application is allowed. Delay of 411 days caused in filing the First Appeal is hereby condoned. Rule is made absolute. The applicant is not entitled to claim interest for the delayed period.

(VIPUL M. PANCHOLI, J) SRILATHA