Sunilkumar Pravinbhai Patel vs Babubhai Bhurabhai Baria ...
2021 Latest Caselaw 14400 Guj

       C/CA/2932/2019                               ORDER DATED: 17/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 2932 of 2019
                    In F/FIRST APPEAL NO. 16982 of 2019
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                       SUNILKUMAR PRAVINBHAI PATEL
                                 Versus
                    BABUBHAI BHURABHAI BARIA (DELETED)
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Appearance:
MS AMRITA AJMERA(5204) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
RULE NOT RECD BACK(63) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                      Date : 17/09/2021
                       ORAL ORDER

Heard learned advocate Ms. Amrita Ajmera for the applicant and learned advocate Mr. G. C. Mazmudar for respondent No.3.

2. Rule is served on respondent No.2, however none appears. As far as respondent No.1 from whom notice is not received back, is a driver who who was party before the Claims Tribunal, however was deleted subsequently. In that view, this application for condonation of delay could be treated in absence of service of notice to the said respondent.

3. Delay of 67 days has taken place in filling the First Appeal challenging the judgment and award of the Claims Tribunal impugned in the First Appeal.

4. To condone the delay, it is averred in the application that certified copy was applied immediately and thereafter time was consumed in taking legal advice and in arranging the fund to meet with the legal expenses. There is no indolence on part of the applicant.

5. Sufficient cause is made out. Delay of 67 days is condoned. Civil Application is allowed. Rule is made absolute.

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