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2017 DIGILAW 1674 (GUJ)

Pantaloons Retail India Limited v. Laxmi Enterprise

2017-09-21

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R SHAH, J. 1. RULE. Shri PR Thakkar, learned advocate waives service of notice of rule for and on behalf of the respondents herein. 2. In facts and circumstances of the case, with the consent of learned advocates for the respective parties, the present Application is taken up for final hearing. 3. This Civil Application under Section 5 of the Limitation Act has been preferred by the applicants herein-original applicants requesting to condone delay of 67 days in preferring First Appeal challenging the judgment and order passed by the learned Commercial Court, Vadodara in Commercial Civil Suit No. 250 of 2016. 4. Having heard learned advocates for the respective parties and considering the fact that after the impugned order was passed by the learned Commercial Court, the applicants herein preferred a Review Application, which has been rejected on 6th September 2017, and considering the fact that even against the very impugned judgment and order passed by learned Commercial Court, in fact, the respondents have also preferred an appeal before this Court being First Appeal No. 2434/2017, and therefore, the impugned judgment and order passed by the learned Commercial Court, Vadodara can be said to be writs large before this Court. 5. Delay caused in preferring First Appeal is hereby condoned. Civil Application stands disposed of. Rule nisi made absolute. No costs. 6. Registry is directed to notify the First Appeal for hearing along with First Appeal No. 2434/2017 on 25th September 2017.