Gujarat High Court
Ajendraprasadji Narendraprasadji ... vs Swami Keshav Prakashdasji Guru Narayan ... on 7 January, 2019
Author: K.M.Thaker
Bench: K.M.Thaker, B.N. Karia
C/X-OBJ/33179/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 1 of 2018
IN F/CROSS OBJECTION NO. 33179 of 2018
In FIRST APPEAL NO. 3632 of 2018
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AJENDRAPRASADJI NARENDRAPRASADJI PANDE Versus SWAMI KESHAV PRAKASHDASJI GURU NARAYAN PRIYADASJI ========================================================== Appearance:
MR MRUGEN K PUROHIT for the PETITIONER(s) No. for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE B.N. KARIA Date : 07/01/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE K.M.THAKER) Heard learned advocate for the applicant. Learned advocate for the opponent insurance company has appeared on advance service of application.
2. Against the very judgment (in respect of which present application and cross objections are taken out), the opponent insurance company has filed appeal and the said appeal is already admitted.
Page 1 C/X-OBJ/33179/2018 IA ORDER
3. Present applicant has filed cross objection and prayed for enhancement of the awarded amount. The said cross objections are filed about 18 days after the expiry of period of limitation. Therefore, the applicant has taken out present application and prayed for below quoted relief: "6(A) Delay of 18 days caused in preferring the above referred Cross Objection may kindly be condoned in the interest of justice;"
4. Rule. Learned advocate for the opponent insurance company has waived service of Rule. The opponent No.1 is proforma party (driver/owner of the vehicle).
5. Having regard to the facts of the case and also having regard to the fact that the appeal filed by insurance company is already admitted, we are inclined to accept and grant the request. Further, in light of the details mentioned by the applicant, satisfactory explanation is offered and sufficient cause is made out.
6. Moreover, learned advocate for the opponent Page 2 C/X-OBJ/33179/2018 IA ORDER insurance company declared that the insurance company has no objection if the request made in this application is granted.
7. Under the circumstances, present application is allowed in terms of para 6(A). Delay of 18 days caused in filing the cross objection is condoned. Accordingly, Rule is made absolute to aforesaid extent.
(K.M.THAKER, J) (B.N. KARIA, J) KAUSHIK D. CHAUHAN Page 3