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2017 Supreme(Guj) 1124

M.R.SHAH, BIREN VAISHNAV
State of Gujarat – Appellant
Versus
Dabhi Arpankumar Chhotubhai – Respondent


Advocates Appeared:
For the Applicants : Mr. Rohan Yagnik
For the Respondents: Ms. Mamta R. Vyas

ORDER :

M.R. SHAH, J.

RULE. Ms. Mamta Vyas, learned advocate waives service of notice of rule on behalf of respondent no. 1, who can be said to be the main contesting party.

2. Present application under Section 5 of the Limitation Act has been preferred by the applicants herein-State authorities requesting to condone the delay of 131 days in preferring the Letters Patent Appeal against the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 8778/2012.

3. We have heard Shri. Rohan Yagnik, learned Assistant Government Pleader appearing on behalf of the applicants and Ms. Mamta Vyas, learned advocate appearing on behalf of respondent no. 1 herein, who can be said to be the main contesting party at length. The grounds set out in support of the prayer/request to condone the delay are in paragraph 2 of the application. It is the case on behalf of respondent no. 1 that the delay has not been properly and sufficiently explained. Relying upon the averments made in the affidavit-in-reply, it is the case on behalf of respondent no. 1 that the facts pleaded in paragraph 2 are contrary to the actual facts, which are narrated in paragraph 2 of the affidavi



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