Koli Ganeshji Baghaji vs Executive Engineer/General ...
2022 Latest Caselaw 1132 Guj

        C/CA/2063/2021                                 ORDER DATED: 02/02/2022



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 2063 of 2021
                                     In
                   F/CROSS OBJECTION NO. 10597 of 2021
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                                 KOLI GANESHJI BAGHAJI
                                           Versus
                      EXECUTIVE ENGINEER/GENERAL MANAGER
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 2
MR SUDHIR M MEHTA(2058) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 02/02/2022
                    ORAL ORDER

Rule returnable forthwith. Mr. Sudhir M. Mehta, learned advocate waives service of notice of rule on behalf of the respondent No.1 and Ms. Urmila N. Desai, learned AGP waives service of notice of rule on behalf of the respondent No.2.

Heard Mr. Jinesh H. Kapadia, learned advocate for the applicant, Mr. Sudhir M. Mehta, learned advocate for respondent No.1 and Ms. Urmila N. Desai, learned AGP for respondent No.2.

This is an application under Section 5 of Limitation Act to condone delay which has occurred in preferring the appeal to assail the judgment and award of the reference Court.

Having heard learned advocates for the parties and having considered the averments of present application made in para - 2 to 4. I am of the view that the delay is satisfactorily and sufficiently explained.

In view of the above, the application is allowed. The delay which has occurred in preferring an appeal to assail the impugned judgment and award of the reference Court is hereby condoned. Rule is made absolute.

(A.G.URAIZEE, J) Manoj