Gujarat High Court
Uttar Gujarat Vij Company Ltd. & vs Agahr Group Co.Op.Cotton Sale Ginning ... on 25 January, 2018
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/CA/16511/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 16511 of
2017
In LETTERS PATENT APPEAL (STAMP NUMBER) NO. 2345 of 2017
In SPECIAL CIVIL APPLICATION NO. 3331 of 2004
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UTTAR GUJARAT VIJ COMPANY LTD. & 1....Applicant(s)
Versus
AGAHR GROUP CO.OP.COTTON SALE GINNING & PRESSING
SOC.LTD.....Respondent(s)
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Appearance:
MS LILU K BHAYA, ADVOCATE for the Applicant(s) No. 1 - 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 25/01/2018
ORAL ORDER
(PER :HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This application is filed to condone the delay of 113 days in preferring Letters Patent Appeal aggrieved by the order dated 12.06.2017 passed in Special Civil Application No.3331 of 2004.
2. In this application, this Court by order dated 18.12.2017 ordered notice to the respondent. Though notice is served, there is no reply affidavit on behalf of the respondent to oppose this application. In this application, to explain the delay, following statement is made:
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"3. Applicants submit that in the aforesaid matter, the judgment was pronounced on 12.6.2017. It is submitted that the advocate for the applicant on receipt of the judgment, sent copy of the judgment alongwith opinion to prefer L.P.A. vide letter dated 12.7.2017 which was received by the applicant on 15.7.2017. Immediately on receipt of the said opinion the applicants forwarded proposal to the Circle Office on 9.8.2017. The Circle Office forwarded the proposal to the Corporate Office on 22.8.2017. The Corporate office on 16.9.2017 accorded approval. The applicant received the same on 28.9.2017 and forwarded the papers to the advocate for the applicants on 7.10.2017. The advocate, thereafter prepared the Memo of Appeal and C.A. for stay and delay and appeal has been filed before the Hon'ble Court immediately on reopening of the High Court after vacation on 02.11.2017. Applicant submits that in this process delay of 113 days has been caused in filing the present appeal."
3. Further, looking at the reasons stated as aforesaid, we deem it fit and appropriate to condone the delay. Accordingly, delay is condoned. Civil Application is allowed as prayed for.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) Jani Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Jan 25 22:56:37 IST 2018