Rajusinh Shankarsinh Hadiyol vs Shiniyabhai Alias Shaileshbhai ...
2021 Latest Caselaw 4869 Guj

               C/CA/2924/2020                            ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CIVIL APPLICATION NO. 2924 of 2020

             In F/FIRST APPEAL NO. 25432 of 2020

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            RAJUSINH SHANKARSINH HADIYOL
                             Versus
 SHINIYABHAI ALIAS SHAILESHBHAI SAMANTBHAI GAMARA
                          BHARVAD
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Appearance:
MR. SHIVAM N THAKKAR(10024) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3,4
RULE UNSERVED(68) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 30/03/2021

                                 ORAL ORDER

Heard learned Advocate Shri Shivang Thakkar for the applicant - appellant. Endorsement shows that the respondent Nos.2 to 4 have served, but they have not chosen not to appear. The respondent No.1 is shown unserved, but learned Advocate for the applicant submits that he is not seeking any prayer against the respondent No.1 therefore, this Court may consider this application inspite of Rule having been served to the respondents. Considering the same, the application is taken up for hearing.

By way of this application, the applicant prays to condone the delay of 139 days caused in filing First Appeal challenging the judgment and award dated 15.11.2014 passed by the learned Motor Accident Claims Tribunal (Main), Patan, in MACP No.91 of 2015.

Considering the averments made in the application and considering

C/CA/2924/2020 ORDER

the submissions made by the learned Advocate Shri Thakkar, the delay is sufficiently explained. Therefore, matter deserves consideration and the delay is hereby condoned. Rule is made absolute.

(NIKHIL S. KARIEL,J) Y.N. VYAS