Gujarat St Corporation vs Harshaben D/O Decd Kailashben ...
2021 Latest Caselaw 13558 Guj

      C/CA/641/2021                                ORDER DATED: 07/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 641 of 2021

                      In F/FIRST APPEAL NO. 24637 of 2020

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                 GUJARAT ST CORPORATION
                          Versus
  HARSHABEN D/O DECD KAILASHBEN PRATAPSINGH KATARA AND
      [email protected]@GIRIRAJ AMRABHAI TAVIYAD
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Appearance:
MRS VASAVDATTA BHATT(193) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 1,2,3,4
NOTICE SERVED(4) for the Respondent(s) No. 6,7,8
NOTICE UNSERVED(8) for the Respondent(s) No. 5
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 07/09/2021

                                 ORAL ORDER

Heard Mrs.Vasavdatta Bhatt, learned advocate for the applicant.

There is no appearance on behalf of respondent Nos.6 to 8 despite service of notice, whereas respondent No.5 who happens to be the driver of offending vehicle is unserved. As the respondent No.5 is driver of the offending vehicle, his presence is not required for disposal of the present application.

So far as respondent Nos.1 to 4 are concerned, remarks of the Registry show that notice is not received back. However, on perusal of the record, it is found that respondent No.4 has accepted service of notice for himself as well as on behalf of the respondent Nos.1 to 4.

The present application is preferred under section 5 of the

C/CA/641/2021 ORDER DATED: 07/09/2021

Limitation Act to condone delay of 44 days which has occurred in preferred the appeal to challenge the judgment and award dated 24.9.2019 passed by the Motor Accident Claims Tribunal, Mahisagar at Lunawada in Motor Accident Claims Petition No.764 of 2017 (Old MACP No.71 of 2004).

Having heard Mrs.Bhatt, learned advocate for the applicant and considering the averments made in the application, the application is allowed. Delay is condoned.

(A.G.URAIZEE, J) H.M. PATHAN