(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed seeking condonation of delay of 343 days, caused in filing an application seeking Leave to Appeal to Honorable the Apex Court.
2.0 Party in person - Dipakkumar Jayantilal Shah states at the bar that against an order of this Court (Coram: Honourable Mr. Justice SJ Mukhopadhaya, the then Chief Justice and Honourable Mr. Justice KM Thaker) dated 13th January 2011 in Civil Application No. 2 of 2011 in Stamp No. 3628 of 2010, he has approached the Honorable the Apex Court by filing an appropriate application. He further states at the bar that in the said application, the Registry of the Honourable the Apex Court, while examining the objections, has conveyed to the Party in Person that he may approach the Honourable High Court with an application for grant of Leave to Appeal and once such leave is granted, his application can be considered by the Honourable the Apex Court.
2.1 It was inquired from the Party in Person as to whether he is having any written communication from the Registry of the Honourable the Apex Court, the Party in Person states that he is conveyed by e-mail and it is only after having received that e-mail, he has filed the present application seeking condonation of delay as there is delay in filing an application seeking Leave to Appeal.
3.0 As there is delay, Rule is issued making it returnable on 1st February 2012. It will be open for the petitioner to effect service of Rule by direct service.
[ Ravi R. Tripathi, J. ] [ G. B. Shah, J. ] hiren Top