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NEUTRAL CITATION

C/CA/61/2020 ORDER DATED: 18/11/2021

2021:GUJHC:45038

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION NO. 61 of 2020


In
F/FIRST APPEAL NO. 40596 of 2019
==========================================================
THE ORIENTAL INSURANCE COMPANY LTD.
Versus
L.H. OF DECD. KANUBHAI MAHIPATRAM PANDYA
==========================================================
Appearance:
MR HARDIK P MEHTA(6943) for the Applicant(s) No. 1
DECEASED LITIGANT(100) for the Respondent(s) No. 1
KUMAR H TRIVEDI(9364) for the Respondent(s) No. 1.1,1.2,1.3
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 4
NOTICE SERVED(4) for the Respondent(s) No. 2,3,5,6
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 18/11/2021
ORAL ORDER

1. Rule. Mr. Palak H. Thakkar, learned advocate


waives service of notice of Rule for respondent No.4.

2. This application is filed under Section 5 of the


Limitation Act, 1963, for condonation of delay of 246
days caused in filing the First Appeal.

3. I have considered the averments made in this


application. The applicant has shown sufficient cause
for not filing the appeal within limitation period.
Thus, in the facts and circumstances of the present
case, I am inclined to consider the case of the
applicant.

4. The application is allowed. Delay of 246 days


caused in filing the First Appeal is hereby condoned.
Rule is made absolute accordingly.

(VIPUL M. PANCHOLI, J)
piyush

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