Divisional Controller Gujarat ... vs Heirs Of Mamad Aamad Sumra
2021 Latest Caselaw 14249 Guj

      C/CA/590/2021                                ORDER DATED: 16/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 590 of 2021

                      In F/FIRST APPEAL NO. 4796 of 2021

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     DIVISIONAL CONTROLLER GUJARAT STATE ROAD TRANSPORT
                          CORPORATION
                             Versus
                  HEIRS OF MAMAD AAMAD SUMRA
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Appearance:
MR DEEPAK G ALORIA(6580) for the Applicant(s) No. 1
 for the Respondent(s) No. 1.7
MR. HEMAL SHAH(6960) for the Respondent(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.8
RULE UNSERVED(68) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 16/09/2021

                                 ORAL ORDER

Heard learned advocate Mr.Deepak Aloria for the applicant and learned advocate Mr.Hemal Shah for the respondent Nos.1, 1.1 to 1.6 and 1.8.

2. Unserved respondent No.2 is driver who is prayed to be deleted by learned advocate for the applicant stating that he is not necessary party for the purpose of this application. Accordingly, as per the request, respondent No.2 stands deleted from the array of the respondents.

3. Delay is of 127 days which is prayed to be condoned by the applicant- Gujarat State Road Transport Corporation, occurred in preferring the First Appeal.

4. The judgment and award of the Motor Accident Claims

C/CA/590/2021 ORDER DATED: 16/09/2021

Tribunal was delivered on 7.8.2019. The certified copy was immediately applied on 26.8.2019 without any delay. All the time was thereafter taken in soliciting the legal opinion and routing the file administratively. The stages in which the case paper travelled are narrated in the memorandum of the application. It is stated that period of COVID-19 contributed further leading to passage of time. The sufficient cause is made out from the above averments to condone the delay of 127 days.

5. Accordingly, delay is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi