Jatinbhai Venilal Asmaniwala vs Minazali Asgarali Ansari
2021 Latest Caselaw 13759 Guj

      C/CA/265/2020                              ORDER DATED: 09/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/CIVIL APPLICATION NO. 265 of 2020
                   In F/FIRST APPEAL NO. 733 of 2020
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                      JATINBHAI VENILAL ASMANIWALA
                                  Versus
                        MINAZALI ASGARALI ANSARI
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
MR MAULIK J SHELAT(2500) for the Respondent(s) No. 3
RULE UNSERVED(68) for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                             Date : 09/09/2021
                              ORAL ORDER

1. Respondent Nos.1 and 2, who are driver and owner of the offending vehicle are unserved. However, their presence are not necessary for the purpose of disposal of present application.

2. 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 judgment and award dated 23.1.2019 passed by the MACT(Aux.), Surat in MACP No.625 of 2004. Considering the averments made in the present application, the delay is condoned.

3. Rule is made absolute to the aforesaid extent.

(A.G.URAIZEE, J) ALI