Gujarat High Court
Chief Engineer-Thermal Power ... vs Workmen Represented By Bijlee Mazdoor ... on 29 June, 2018
Author: Harsha Devani
Bench: Harsha Devani, A.S. Supehia
C/LPA/2789/2017 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 1 of 2018
IN F/LETTERS PATENT APPEAL NO. 2789 of 2017
In SPECIAL CIVIL APPLICATION NO. 16912 of 2005
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CHIEF ENGINEER-THERMAL POWER STATION,GEB.
Versus WORKMEN REPRESENTED BY BIJLEE MAZDOOR PANCHAYAT ================================================================ Appearance:
MR KM PATEL, SR. ADVOCATE with MS LILU K BHAYA for the Applicant MR SAUMITRA CHATURVEDI for THAKKAR AND PAHWA for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MR.JUSTICE A.S. SUPEHIA Date : 29/06/2018 IA ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
1. By this application under section 5 of the Limitation Act, the applicant seeks condonation of delay of 89 days caused in filing the captioned letters patent appeal against the judgement and order dated 31.8.2017 passed by the learned Single Judge in Special Civil Application No.16912 of 2005.
2. Heard Mr. K.M.Patel, Senior Advocate, learned advocate for the applicant and Mr. Saumitra Chaturvedi, learned advocate for the respondent.
3. Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly, considering the averments made in the Page 1 of 2 Downloaded on : Sat Jun 29 00:54:31 IST 2019 C/LPA/2789/2017 IA ORDER memorandum of application, the Court is of the view that the delay caused in filing the letters patent appeal has been sufficiently explained.
4. The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the letters patent appeal is hereby condoned. Rule is made absolute accordingly with no order as to costs.
(HARSHA DEVANI, J) (A. S. SUPEHIA, J) B.U. PARMAR Page 2 of 2 Downloaded on : Sat Jun 29 00:54:31 IST 2019