NEUTRAL CITATION
C/CA/1362/2023 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1362 of
2023
In F/FIRST APPEAL NO. 22557 of 2023
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BOARD OF TRUSTEES OF DEENDAYAL PORT THROUGH EXECUTIVE
ENGINEER (H)
Versus
M/S. SHANTILAL B. PATEL
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Appearance:
AISHVARYA(8018) for the Applicant(s) No. 1
PARAS K SUKHWANI(8284) for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 11/10/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Ms. Aishvarya Gupta for the applicant and learned advocate Mr. Paras Sukhwani for the respondent.
2. Delay of three days is prayed to be condoned by the applicant-appellant, which has taken place in preferring the First Appeal under section 37 of the Arbitration and Conciliation Act, 1996, in which the challenge is to the judgment and order passed by learned Additional District Judge, Gandhidham rejecting the application of the appellant- applicant under section 34 of the Arbitration and Conciliation Act, 1996.
3. In the facts of the case looking to the extent of delay and having Page 1 of 2 Downloaded on : Mon Oct 16 20:35:08 IST 2023 NEUTRAL CITATION C/CA/1362/2023 ORDER DATED: 11/10/2023 undefined regard to the principles laid down in relation to condonation of delay in appeal under section 37 of the Arbitration and Conciliation Act, 1996 in Government Of Maharashtra v/s M/S Borse Brothers Engineers and Contractors Pvt. Ltd. [(2021) 6 SCC 460], delay deserves to be condoned.
4. Learned advocate for the respondent vehemently opposed the delay. However, he was at his receiving end when confronted with the principles laid down in M/s. Borse Brothers Engineers and Contractors Pvt. Ltd. (supra).
5. Delay is condoned. The Civil Application is allowed. Rule is made absolute.
(N.V.ANJARIA, J) (NISHA M. THAKORE,J) C.M. JOSHI Page 2 of 2 Downloaded on : Mon Oct 16 20:35:08 IST 2023