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[Cites 1, Cited by 9]

Gujarat High Court

State Of Gujarat & 2 vs G P Varia & 8 on 3 March, 2017

Author: M.R. Shah

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

               C/CA/12172/2016                                          ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          CIVIL APPLICATION
           (FOR CONDONATION OF DELAY) NO. 12172 of 2016
                                   In
                        LETTERS PATENT APPEAL
                  (STAMP NUMBER) NO. 1778 of 2016
                                  In
             SPECIAL CIVIL APPLICATION NO. 14153 of 2013
                                 With
                 CIVIL APPLICATION NO. 12871 of 2016
                                  In
                        LETTERS PATENT APPEAL
                   (STAMP NUMBER) NO. 1917 of 2016
                                 With
                 CIVIL APPLICATION NO. 12873 of 2016
                                  In
                       LETTERS PATENT APPEAL
                  (STAMP NUMBER) NO. 1914 of 2016
                                 With
                 CIVIL APPLICATION NO. 12875 of 2016
                                  In
                       LETTERS PATENT APPEAL
                  (STAMP NUMBER) NO. 1913 of 2016
                                 With
                 CIVIL APPLICATION NO. 12979 of 2016
                                  In
                       LETTERS PATENT APPEAL
                  (STAMP NUMBER) NO. 1991 of 2016
                                 With
                 CIVIL APPLICATION NO. 12981 of 2016
                                  In
                       LETTERS PATENT APPEAL
                  (STAMP NUMBER) NO. 1994 of 2016
                                 With
                 CIVIL APPLICATION NO. 12983 of 2016
                                  In
                        LETTERS PATENT APPEAL
                   (STAMP NUMBER) NO. 1990 of 2016

         ======================================
                STATE OF GUJARAT & 2....Applicant(s)
                              Versus
                   G P VARIA & 8....Respondent(s)
         ======================================

                                    Page 1 of 3

HC-NIC                           Page 1 of 3      Created On Sat Aug 12 21:05:41 IST 2017
                  C/CA/12172/2016                                               ORDER



         Appearance:
         Civil Application No.12172/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 3
         MR TR MISHRA, ADVOCATE for the Respondent(s) No. 1 - 5 ,
         6.1 - 6.5 , 7-9
         Civil Application No.12871/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 2
         MR MP PRAJAPATI, ADVOCATE for the Respondent(s) No. 1 -2
         Civil Application No.12873/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 2
         MR KRISHNAN GHAVARIYA for MR MURLI DEVNANI, ADVOCATE
         for the Respondent(s) No. 1 - 2
         Civil Application No.12875/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 3
         NOTICE SERVED for the Respondent(s) No. 1
         Civil Application No.12979/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 3
         MS NAYANA V PANCHAL,ADVOCATE for the Respondent(s) No.
         1
         Civil Application No.12981/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 3
         NOTICE SERVED for the Respondent(s) No. 1 -10
         Civil Application No.12983/2016
         MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 3
         MR KRISHNAN M GHAVARIAYA, ADVOCATE for the
         Respondent(s) No. 1 - 8
         ======================================

         CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
                and
                HONOURABLE MR.JUSTICE B.N. KARIA
                         Date : 03/03/2017
                           ORAL ORDER

(PER : HONOURABLE MR.JUSTICE M.R. SHAH) All these applications under Section 5 of the Limitation Act have been preferred by the common applicants requesting to condone the delay ranging between 200 to 208 days in preferring the respective Letters Patent Appeals against the impugned judgment and order passed by the learned Single Judge.

It is reported that in the similar facts and Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Aug 12 21:05:41 IST 2017 C/CA/12172/2016 ORDER circumstances of the case and in a case where the issue involved in the main Letters Patent Appeals is with respect to work charge employees, the Division Bench of this Court has condoned the delay of 258 days in preferring the Letters Patent Appeal, by order dated 13/02/2017 in Civil Application No.13497/2016.

Considering the above and as the applications are not seriously opposed by the learned advocates appearing on behalf of the respective parties, the present applications are allowed and the delay caused in preferring the Letters Patent Appeals are hereby condoned.

(M.R. SHAH, J.) (B.N. KARIA, J.) Siji Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Aug 12 21:05:41 IST 2017