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2022 Supreme(Guj) 684

ASHOKKUMAR C.JOSHI
PASCHIM GUJARAT VIJ COMPANY LIMITED – Appellant
Versus
SHANTUBEN SANJAYBHAI MER – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: DIPAK R. DAVE.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Rule.

2. This petition, under Article 227 of the Constitution of India, is filed by the petitioner - an electricity company against an order dated 31.08.2021, passed by the learned Principal District Judge, Amreli in Civil Misc. Application No. 53 of 2019 for condonation of delay of 132 days caused in preferring the regular civil appeal against the judgment and decree dated 01.05.2019 passed by the learned Principal Senior Civil Judge, Amreli in Special Civil Suit No. 81 of 2014, whereby, the said suit, filed by the respondents herein, came to be partly allowed.

3. Though served, none had put in appearance on behalf of the respondents and accordingly, the Court proceeded with the matter.

4. Heard, learned advocate Mr. Dipak R. Dave for the petitioner. He submitted that the petitioner is an electricity company run by the government and accordingly, it has to follow due procedure for opinion and approval from the different departments concerned, in which some time is elapsed and in the circumstance, such a delay has been occurred in presenting the appeal before the first appellate Court. Further, he submitted that the delay is of only 132 days and acc

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