Hasmukhbhai Kalubhai Parmar vs Chatrasinh Kanjibhai Bhura
2023 Latest Caselaw 4652 Guj

      C/CA/2632/2022                                   ORDER DATED: 19/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 2632 of 2022
                        In F/FIRST APPEAL NO. 27991 of 2022

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                        HASMUKHBHAI KALUBHAI PARMAR
                                   Versus
                         CHATRASINH KANJIBHAI BHURA
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                 Date : 19/06/2023

                                  ORAL ORDER

1. By this application under section 5 of the

Limitation Act, 1963, the applicant seeks

condonation of delay of 108 days caused in

filing the captioned First Appeal against the

judgment and order dated 10.03.2022 passed by

the Commissioner of Workmen Compensation /

Labor Judge, Dahod.

2. Heard learned advocate Mr.A.A.Zabuawala

for the applicant and learned advocate

C/CA/2632/2022 ORDER DATED: 19/06/2023

Ms.Masumi Nanavati for learned advocate

Mr.Vibhuti Nanavati for the respondent No.2.

3. Rule, returnable forthwith. Learned

advocate Ms.Masumi Nanavati for the respondent

No.2 waives service of notice of rule for the

respondent No.2.

4. Having regard to the submissions advanced

by the learned advocates for the respective

parties 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.

5. The application, therefore, succeeds and

is, accordingly, allowed. The delay caused in

filing the First Appeal is hereby condoned.

C/CA/2632/2022 ORDER DATED: 19/06/2023

Rule is made absolute accordingly with no

order as to costs.

(BHARGAV D. KARIA, J)

PALAK