Gujarat High Court
Cipla Limited vs M/S Palak Pharma & on 11 September, 2017
Author: C.L.Soni
Bench: C.L. Soni
C/CA/11511/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 11511 of
2017
In
APPEAL FROM ORDER-STAMP NUMBER NO. 325 of 2017
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CIPLA LIMITED....Applicant(s)
Versus
M/S PALAK PHARMA & 1....Respondent(s)
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Appearance:
MR MIHIR THAKORE, SENIOR ADVOCATE with MR RAHUL R DHOLAKIA,
ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
RULE SERVED BY DS for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 11/09/2017
ORAL ORDER
1. Learned senior advocate Mr. Mihir Thakore appearing with learned advocate Mr. Dholakia for the applicant states that since the opponent No.2 is a formal party, the applicant may be permitted to delete the opponent No.2. He further states that since the applicant seeks permission to delete opponent No.2 from the proceedings of the present Civil Application, he will also seek permission for deletion of the respondent No.2 from the Appeal from Order as and when the Appeal from Order is placed for hearing.
2. In view of the above, the applicant is permitted to delete opponent No.2 from the proceedings of the present Civil Application. Necessary amendment for deleting the opponent No.2 from the cause title of the present application shall be carried out forthwith.
3. The only opponent is now the opponent No.1. The opponent Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Sep 12 00:31:51 IST 2017 C/CA/11511/2017 ORDER No.1 has not responded to the rule issued by this Court though it is duly served with the rule.
4. The Court having heard learned senior advocate Mr. Thakore and having considered the explanation provided in the application, finds that the applicant could be said to have made out sufficient cause for the purpose of condoning the delay occurred in filing the Appeal from Order.
5. In view of the above, the application is allowed. Delay of 120 days occurred in filing the Appeal from Order is condoned. Rule is made absolute to the aforesaid extent. Office shall notify the Appeal from Order for hearing on 13th September 2017.
(C.L.SONI, J.) Omkar Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Sep 12 00:31:51 IST 2017