Shankarbhai Bhimsingbhai Khabad vs Hadmatsinh Gangasinh Rajput
2021 Latest Caselaw 4814 Guj

         C/CA/1080/2020                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 1080 of 2020
                  In F/FIRST APPEAL NO. 6902 of 2020

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                 SHANKARBHAI BHIMSINGBHAI KHABAD
                              Versus
                   HADMATSINH GANGASINH RAJPUT
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Appearance:
CHETANKUMAR K SHAH(7364) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
RULE UNSERVED(68) for the Respondent(s) No. 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. Though served, nobody appears on behalf of respondent Nos. 2 and 3. Respondent No.1 shows 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 be required to be heard in this application.

The present application is filed for condonation of delay of 209 days in filing First Appeal No.6902 of 2020, preferred against the judgment and award dated 24.04.2019 passed by the Motor Accident Claims Tribunal (Aux.), Dahod at Limkheda in MACP No.1249 of 2017.

Considering the submissions made by learned advocate Mr.Shah and considering the averments made in the application,

C/CA/1080/2020 ORDER

delay of 209 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