Shankarbhai Bhavanbhai Chandana vs Bamaniya Natvarbhai Ishwarbhai
2021 Latest Caselaw 4813 Guj

         C/CA/4000/2019                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 4000 of 2019

                    In F/FIRST APPEAL NO. 37292 of 2019

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                SHANKARBHAI BHAVANBHAI CHANDANA
                              Versus
                 BAMANIYA NATVARBHAI ISHWARBHAI
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Appearance:
CHETANKUMAR K SHAH(7364) for the Applicant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Respondent(s) No. 3
MR. RUSHANG D MEHTA(6989) for the Respondent(s) No. 3
RULE NOT RECD BACK(63) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1,2.1
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 26/03/2021

                              ORAL ORDER

Heard learned advocate Mr. Chetankumar K. Shah for the applicant and learned advocate Mr. Rushang D. Mehta with learned advocate Ms. Masumi Nanavati for respondent No.3. Though served, nobody appears on behalf of respondent Nos. and 2.1. Respondent No.1 is shown as unserved. It is submitted by the learned advocate for the applicant that Respondent No.1 being driver of the offending vehicle, he may not required to be heard in this application.

The present application is filed for condonation of delay of 151 days in filing First Appeal (Stamp) No.37292 of 2019, preferred against the judgment and award dated 14.02.2018 passed by the Motor Accident Claims Tribunal (Aux.), Dahod in MACP No.165 of 2012.

C/CA/4000/2019 ORDER

Considering the submissions made by learned advocate Mr.Shah and considering the averments made in the application, delay of 151 days in preferring First Appeal is sufficiently explained. Hence, the same stands condoned. The Civil Application stand disposed of as allowed. Rule is made absolute accordingly.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA