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1998 Supreme(Guj) 268

C.K.THAKKER, A.L.DAVE
JITENDRA CONSTRUCTION COMPANY – Appellant
Versus
KANKARIA MANINAGAR NAGRIK SAHAKARI BANK LIMITED – Respondent


Advocates Appeared: SHASHIKANT S.GADE, SHIRISH JOSHI

C. K. THAKKER, J.

( 1 ) THIS Civil Application is filed by the applicants-appellants for condonation of delay in filing Letters Patent Appeal No. 600 of 1998.

( 2 ) THE Registry has raised an objection that the appeal filed by the applicant- appellant was barred by 1,272 days, i. e. , about four years. We had issued Rule which was made returnable. We had heard the matter on 8/05/1998 but it could not be completed on that day because of other important matters and hence with consent of the parties, we have heard this Civil Application today, as the Bench is available.

( 3 ) THE applicant was the original petitioner in Special Civil Application No. 11291 of 1994. An ex parte award was passed by the Board of Nominee in Lavad suit No. 2998 of 198 9/05/1991 against the applicants. Being aggrieved by the said award, an appeal was prreferred which was dismissed by the Gujarat co-operative Tribunal on 12/08/1994. Against that order the above petition was filed which was dismissed and the present Letters Patent Appel is filed against the order passed in Special Civil Application.

( 4 ) NOW, it may be mentioned that Special Civil Application was disposed of by the learned single Judge on meri












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