Ambalal Sarabhai Chemicals Ltd & 5 vs Ambalal Sarabhai Enterprises Ltd on 21 July, 2017

[Cites 1, Cited by 1]

Gujarat High Court

Ambalal Sarabhai Chemicals Ltd & 5 vs Ambalal Sarabhai Enterprises Ltd on 21 July, 2017

Bench: M.R. Shah, B.N. Karia

                    C/CA/8103/2017                                             ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 8103 of 2017
                 In APPEAL FROM ORDER-STAMP NUMBER NO. 194 of 2017

         ==========================================================
                  AMBALAL SARABHAI CHEMICALS LTD & 5....Applicant(s)
                                      Versus
                  AMBALAL SARABHAI ENTERPRISES LTD....Respondent(s)
         ==========================================================
         Appearance:
         AAMEER R KADRI, ADVOCATE for the Applicant(s) No. 1 - 6
         MR PRATIK Y JASANI, ADVOCATE for the Applicant(s) No. 1 - 6
         MS MEGHA JANI, ADVOCATE for
         MR RH BHANSALI, CAVEATOR for the Respondent(s) No. 1
         ==========================================================

         CORAM:HONOURABLE MR.JUSTICE M.R. SHAH
               and
               HONOURABLE MR.JUSTICE B.N. KARIA

                                     Date : 21/07/2017

                              ORAL ORDER

(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.00. RULE. Ms.Megha Jani, learned advocate, who is on Caveat, waives service of notice of rule on behalf of the respondent - original plaintiff.

2.00. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.

3.00. Present application under section 5 of the Limitation Act has been preferred by the applicants herein - original Page 1 of 2 HC-NIC Page 1 of 2 Created On Mon Aug 21 01:34:18 IST 2017 C/CA/8103/2017 ORDER defendants requesting to condone the delay of 37 days in preferring the Appeal From Order against the impugned order passed by the learned Commercial Court, Ahmedabad below Ex.7 in Commercial Civil Suit No.380 of 2016.

4.00. Having heard the learned advocates appearing on behalf of the respective parties and considering the averments in the application in support of the prayer to condone the delay and it appears that as such there does not appear to be other malafide intention on the part of the applicants in not preferring Appeal From Order within the period of limitation and/or by not preferring the Appeal From Order within the period of Limitation, the applicants herein - original appellants were not going to be otherwise benefited, present application is allowed and the delay caused in preferring the Appeal From Order is hereby condoned. Rule is made absolute accordingly. No costs.

Registry is directed to notify the main Appeal From Order for admission hearing on 03/08/2017.

Sd/-

(M.R. SHAH, J.) Sd/-

(B.N. KARIA, J.) Rafik..

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