The New India Assurance Company ... vs Vaghela Ganpatsinh Shakrabhai
2021 Latest Caselaw 17137 Guj

        C/CA/1602/2021                           ORDER DATED: 29/10/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 1602 of 2021
                                     In
                      F/FIRST APPEAL NO. 43140 of 2019
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                   THE NEW INDIA ASSURANCE COMPANY LTD
                                   Versus
                     VAGHELA GANPATSINH SHAKRABHAI
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Appearance:
MR NAGESH C SOOD(1928) for the Applicant(s) No. 1
DELETED(20) for the Respondent(s) No. 2
MR MAKBUL I MANSURI(2694) for the Respondent(s) No. 3
MS SABINA M MANSURI(3631) for the Respondent(s) No. 3
RULE UNSERVED(68) for the Respondent(s) No. 4,5
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                             Date : 29/10/2021
                              ORAL ORDER

Heard learned advocate for the applicant and learned advocate for the claimants. Respondent Nos.4 & 5 driver and owner of the offending vehicle respectively are not served as they are not available at the given address. The presence is not necessary for for the disposal of this application considering the length of delay of 59 days.

The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail impugned judgment and award of the Tribunal.

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

(A.G.URAIZEE, J)

Manoj