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Judgment
D.N. Patel, CJ
W.P.(C) 2443/2020
Learned counsel appearing for the petitioner, after canvassing some arguments, fairly conceded that the Order in Original dated 11th December,
2019 (Annexure P-1), which is under challenge, is an appealable order and hence petitioner is not pressing this petition. However, learned counsel for
the petitioner requests that appellate authority may be directed to consider the time consumed from filing of this writ petition till today while
adjudicating the application for condonation of delay in filing the appeal.
In view of this limited submission, this petition is disposed of as not pressed at this stage.
However, the questions of cross examination, which has been adjudicated at length, is not pressed now for the reason that the same will be pressed
before the Appellate Authority. Hence, Appellate Authority will look into the aforesaid questions of cross examination and pass appropriate orders in
accordance with law
Moreover, As and when appeal is preferred by this petitioner against Order in Original dated 11th December, 2019 (Annexure P-1) the concerned
Appellate Authority shall appreciate the time consumed from filing of this writ petition till today while adjudicating the application for condonation of
delay in filing the appeal.
CM No.8546/2020 (stay)
In view of the disposal of the writ petition, this application also stands disposed of.