IN CIVIL APPLICATION NOS.12655 TO 12656 OF 2012 [1] Learned AGP, Mr.P.P.Banaji for the applicants/appellants has submitted that Civil Applications is filed to condone the delay caused in First Appeals.
[2] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit or reply, I am of the view that sufficient cause has been stated for not filing the first appeals in time and hence, delay caused in filing the first appeals are to be condoned and applications are required to be allowed.
[3] For the reasons stated above, applications are allowed. Delay caused in filing first appeals are condoned. Rule is made absolute to the aforesaid extent in each of the application.
[M.D.Shah, J.] ORAL ORDER IN FIRST APPEAL NOS.2019 TO 2020 OF 2012.
[1] It is submitted by Mr.Yatin Soni, learned advocate appearing for the respondents - claimants amount involved in the first appeals are less than Rs.1,00,000/-.
[2] Having heard learned advocates for the respective parties and also considering the smallness of amount i.e. less than Rs.1,00,000/- involved in the appeals, the appeals are dismissed in limine without entering into the merits of the matter. It is made clear that this order will not be treated as precedent.
[3] It is clarified that as this order has been passed without entering into the merits of the matter, this order will not come in the way while deciding other cognate appeal which have arisen from the impugned order.
Office to place copy of this order in all the matters.
[M.D.Shah, J.] satish Top