Gujarat St Corporation vs Dariyaben Jesingbhai Taviyad
2021 Latest Caselaw 13562 Guj

      C/CA/642/2021                                ORDER DATED: 07/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 642 of 2021

                      In F/FIRST APPEAL NO. 24642 of 2020

                                     With
                      R/CIVIL APPLICATION NO. 643 of 2021
                                     With
                      R/CIVIL APPLICATION NO. 644 of 2021
                                     With
                      R/CIVIL APPLICATION NO. 645 of 2021
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                         GUJARAT ST CORPORATION
                                  Versus
                       DARIYABEN JESINGBHAI TAVIYAD
==========================================================
Appearance:
MRS VASAVDATTA BHATT(193) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2,4,5
NOTICE UNSERVED(8) for the Respondent(s) No. 3
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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.1 to 4 despite service of notice, whereas respondent No.3 who happens to be the driver of offending vehicle is unserved. As the respondent No.3 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

C/CA/642/2021 ORDER DATED: 07/09/2021

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 Limitation Act to condone delay of 88 days which has occurred in preferred the appeal to challenge the judgment and award dated 5.9.2019 passed by the Motor Accident Claims Tribunal, Mahisagar at Lunawada in Motor Accident Claims Petition No.768 of 2017 (Old MACP No.88 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