Bansibhai Badaji Asari vs Mohanbhai Devchandbhai Parmar
2021 Latest Caselaw 5652 Guj

     C/CA/483/2021                                 ORDER DATED: 08/06/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 483 of 2021

                      In F/FIRST APPEAL NO. 3021 of 2021

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                         BANSIBHAI BADAJI ASARI
                                 Versus
                     MOHANBHAI DEVCHANDBHAI PARMAR
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 08/06/2021

                                ORAL ORDER

Heard learned advocate Mr.Hiren Modi for the applicant and learned advocate Ms.Neha Kayasth for learned advocate Ms.Sejal Mandavia for the respondent No.2.

2. Rule is served to respondent No.1, however, nobody has been appearing on behalf of the respondent.

3. This application is filed seeking to condone delay which has taken place in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal (Auxiliary) Arvalli at Modasa in Motor Accident Claims Petition No.535 of 2015 (Old No.310 of 2009).

4. Delay of 29 days has been explained to submit that after the judgment and award was delivered, advocate could not be immediately contacted by the applicant. It was stated that there

C/CA/483/2021 ORDER DATED: 08/06/2021

was communication gap and further time was consumed in arranging the papers and the funds for payment of legal fees to the advocate.

5. Sufficient cause is made out to condone the delay of 29 days. The same is condoned. The present Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi