Gujarat High Court
Deputy General Manager vs Patel Bhavnaben Bachubhai on 7 April, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1944/2025 ORDER DATED: 07/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1944 of
2025
In F/MISC. CIVIL APPLICATION NO. 8615 of 2025
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DEPUTY GENERAL MANAGER
Versus
PATEL BHAVNABEN BACHUBHAI & ANR.
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Appearance:
MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
MS FORAM TRIVEDI, AGP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 07/04/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN) By this application, the applicant has prayed for condoning the delay of 258 days caused in preferring the captioned Misc. Civil Application (for Restoration) in F/First Appeal no.31923 of 2023.
2. Ms Niyati Chauhan, learned advocate for the applicant submitted that this Court, was kind enough to grant some time for removing the office objections; however, owing to circumstances beyond the control of the learned advocate, the office objections could not be removed in absence of the certified copy of the award and decree of the the impugned judgment. It is urged that the delay is bona fide and the office objections, shall be removed immediately.
3. This Court, has granted time for removal of the office objections within a period of three weeks vide order dated 08.05.2024. The applicant, owing to the reasons mentioned in Page 1 of 2 Uploaded by BINOY B PILLAI(HC00183) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:11:29 IST 2025 NEUTRAL CITATION C/CA/1944/2025 ORDER DATED: 07/04/2025 undefined paragraphs 3 and 4, could not remove the office objections. It is also fairly conceded that the certified copy was not applied in time; however, some time got consumed in applying for the certified copy and procuring the same. Upon availability, the application has been filed seeking restoration. It is assured before this Court, that now the office objections shall be removed immediately.
4. Heard learned advocates appearing for the respective parties.
5. Issue rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondent no.2.
6. Having regard to the averments, so also the submissions made in the application and the explanation offered, the Civil Application, succeeds and is accordingly, allowed. Delay of 258 is condoned. Rule is made absolute. No order as to costs.
(SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) BINOY B PILLAI Page 2 of 2 Uploaded by BINOY B PILLAI(HC00183) on Wed Apr 09 2025 Downloaded on : Wed Apr 09 22:11:29 IST 2025