Chimanbhai Kesarisinh Parmar vs Heir Of Decd Punambhai ...
2021 Latest Caselaw 4378 Guj

            C/CA/385/2021                                          ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 385 of 2021

                      In F/FIRST APPEAL NO. 1643 of 2021
                                     With
                     R/CIVIL APPLICATION NO. 386 of 2021
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               CHIMANBHAI KESARISINH PARMAR
                           Versus
   HEIR OF DECD PUNAMBHAI CHANDRASINH PARMAR VILASBHEN
                    PUNAMBHAI PARMAR
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                   Date : 18/03/2021

                                    ORAL ORDER

By way of the present applications, the applicants pray for condonation of delay of 27 days in challenging the impugned judgment and award passed by the learned Motor Accident Claims Tribunal, Anand dated 20.11.2019 in Motor Accident Claims Petition Nos.116 of 2018 and 117 of 2018.

Heard Mr.H.M.Modi, learned advocate for the applicant. Though served, none appears for the respondent nos.1 and 2 in the First Appeal No.1643 of 2021 and none appears for the respondent nos.1 and 3. Rule is not received back for the respondent no.2.

           C/CA/385/2021                                        ORDER




      Mr.H.M.Modi,             learned            advocate        for          the

applicant submitted that the present appeals have been preferred by the applicants herein only for the limited purpose of seeking disbursement of the amount awarded by the learned tribunal, whereas he has submitted that in such scenario, the presence of the respondents may not be required at all.

Considering the same and considering that the delay is of 27 days and considering the fact that the delay has been sufficiently explained in the present application, the delay of 27 days occurred in preferring the present first appeals is hereby condoned.

Hence, the present applications stands allowed. Rule is discharged.

(NIKHIL S. KARIEL,J) MOHMMEDSHAHID