1. The present application under Section 5 of the Limitation Act has been preferred by the applicant-original appellant-original plaintiff to condone the delay of 126 days in preferring the Second Appeal against the judgment and order passed by both the Courts below.
2. Having heard Shri S.N. Shelat, learned Senior Advocate appearing on beahlf of the applicant, Shri Murli Devnani, learned advocate appearing on behalf of respondent no. 6 and Shri Amar Mithani, learned advocate appearing on behalf of respondents nos. 8 and 10 and though served, nobody appears on behalf of respondents nos. 4, 5, 7 and 9 and as the application is not seriously opposed by the learned advocates appearing on behalf of the respondents, the present application is allowed and the delay caused in preferring the Second Appeal is hereby condoned. Rule is made absolute accordingly.
3. Registry is directed to notify the main Second Appeal for admission hearing on 10/05/2012.
(M.R.
SHAH, J.) siji Top