Nandubhai Vikabhai Rathwa vs Mahesh Prahladbhai Chauhan
2021 Latest Caselaw 14029 Guj

       C/CA/603/2020                               ORDER DATED: 14/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 603 of 2020
                    In F/FIRST APPEAL NO. 3444 of 2020

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                        NANDUBHAI VIKABHAI RATHWA
                                  Versus
                       MAHESH PRAHLADBHAI CHAUHAN
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
MR TANMAY B KARIA(6833) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                              Date : 14/09/2021

                                ORAL ORDER

Heard learned advocate Mr. Nishit Bhalodi for the applicants and learned advocate Mr. Tanmay Karia for respondent No.3. Respondent Nos. 1 and 2 are served, however, hone has chosen to appear.

Delay of 158 days has occassioned in challenging the judgment and award of the Motor Accident Claims Tribunal impugned in the First Appeal. The reasons supplied in explaining the delay is that in preferring the appeal and collecting relevant papers as required by the advocate, some time was consumed.

It appears from the total reading of the averments that there is no indolence on part of the applicant claimant.

In the above view, sufficient cause is made out to condone the delay of 158 days. Delay is condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI