Natvarlal Vallabhbhai Kataria vs Anilbhai Bhanabhai Kataria
2021 Latest Caselaw 16626 Guj

     C/CA/961/2019                                          ORDER DATED: 22/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 961 of 2019

                     In F/FIRST APPEAL NO. 4605 of 2019

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                      NATVARLAL VALLABHBHAI KATARIA
                                   Versus
                        ANILBHAI BHANABHAI KATARIA
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
DELETED(20) for the Respondent(s) No. 5
MR CHIRAYU A MEHTA(3256) for the Respondent(s) No. 7
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 4
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 6
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 22/10/2021

                                ORAL ORDER

Heard learned advocate for the applicant - insurance company. There is no appearance on behalf of the respondent Nos. 1 to 3, though served. Respondent No. 6 seems to be one of the owners of the offending vehicle is unserved. Presence of respondent No.6 is not necessary for the purpose of disposal of present application, as the respondent No.4 insurance company has preferred First Appeal No. 1727 of 2019, First Appeal No. 1728 of 2019 and First Appeal No. 4685 of 2019 in respect of selfsame judgment and award of the Tribunal and the said Appeals are admitted.

The present application under Section 5 of the

C/CA/961/2019 ORDER DATED: 22/10/2021

Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail the impugned judgment and award.

Considering the averments made in this application, the delay is condoned. The application stands disposed of.

(A.G.URAIZEE, J) SURESH SOLANKI