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2021 Supreme(Guj) 971

J.B.PARDIWALA, NIRAL R.MEHTA
DHAIRYA OVERSEAS – Appellant
Versus
RAJESHBHAI GORDHANBHAI NANDA – Respondent


Advocates Appeared:
For The Appellant :MR. TUSHAR L.SHETH, ADVOCATE
For The Respondent:MR. PRATIK Y.JASANI, ADVOCATE

ORDER :

J.B.PARDIWALA, J.

1. This is a successive application for condonation of delay in filing the First Appeal at the instance of the original defendants (judgment debtors).

2. We straightway take notice of the order passed by a Coordinate Bench dated 7th May 2019 in the first round of the litigation, i.e. the first Civil Application No.1057 of 2019 filed by the applicants herein for condonation of delay. The said application came to be rejected by the Coordinate Bench vide order dated 7th May 2019. The same reads thus :

    “1. By way of present application, the applicants have prayed, inter alia, that :-

“9(A) Your Lordships may be pleased to allow this Civil Application and be further pleased to condone the delay of 103 days that has been caused in filing the First Appeal.

(B) Your Lordships may be pleased to exclude the period from 18.9.2018 to 28.1.2019 during which SCA 15231 /2018 was pending before this Hon'ble Court as per Sec. 14 of the Limitation Act.

(C) Any other and further relief/s as may be deemed fit, just and proper may kindly be granted in the interest of justice.”

2. The applicants seek that the delay of 103 days caused in filing the appeal may be condoned. To justify the

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