Habibbhai Daudbhai Banga vs Jivrambhai Gangaram Katara
2021 Latest Caselaw 15584 Guj

        C/CA/3351/2019                             ORDER DATED: 04/10/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 3351 of 2019
                                     In
                      F/FIRST APPEAL NO. 30781 of 2019
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                           HABIBBHAI DAUDBHAI BANGA
                                     Versus
                         JIVRAMBHAI GANGARAM KATARA
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Appearance:
MR ANKIT SHAH(6371) for the Applicant(s) No. 1
MR. HARSHAD D BAROT(7287) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 2
RULE UNSERVED(68) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 04/10/2021
                                ORAL ORDER

Heard learned advocate for the parties.

Presence of unserved respondent No.1 is not necessary for the purpose of disposal of the application who happens to be the driver of the offending vehicle.

Respondent No.2-owner of the offending vehicle though served but not entered his appearance.

Present application is for condonation of delay which has occurred in preferring the appeal to assail the judgment and award of the tribunal.

Considering the submission of learned advocates for the applicant and respondent No.3 - Insurance Company and considering the averments made in the present application, the delay is condoned. Rule is made absolute.

(A.G.URAIZEE, J) Manoj