The Nutan Nagrik Co Operative Bank ... vs Lh Of Decd Ashokbhai Jagannath ...
2022 Latest Caselaw 2268 Guj

     C/CA/13/2022                           ORDER DATED: 25/02/2022




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL APPLICATION NO. 13 of 2022
                              In
              F/FIRST APPEAL NO. 31625 of 2021
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    THE NUTAN NAGRIK CO OPERATIVE BANK LIMITED
                            Versus
        LH OF DECD ASHOKBHAI JAGANNATH SHAH
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Appearance:
AYAAN A PATEL(8900) for the Applicant(s) No. 1
for the Respondent(s) No. 1
ARPIT R SINGHVI(9524) for the Respondent(s) No. 1.1
RULE UNSERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
      and
      HONOURABLE MR. JUSTICE SAMIR J. DAVE

                  Date : 25/02/2022
                    ORAL ORDER

(PER : HONOURABLE MR. JUSTICE SAMIR J. DAVE)

Heard learned advocate Mr. Ayan Patel for the applicant and learned advocate Mr.Arpit Singhvi for the opponent.

2. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay of 13 days caused in filing the F/First Appeal No.31625 of 2021 against the judgment and order dated 05.10.2021 passed by the Commercial Court, Ahmedabad City at Ahmedabad in Commercial Civil Misc. Application No.131 of 2021.

C/CA/13/2022 ORDER DATED: 25/02/2022

3. Having regard to the submissions advanced by the learned advocate for the applicant and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the First Appeal has been sufficiently explained.

4. The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the First Appeal is hereby condoned. Civil Application stands disposed of. Rule is made absolute.

(N.V.ANJARIA, J)

(SAMIR J. DAVE,J) MEHUL B. TUVAR