Gujarat High Court
M/S Khurana Menu. Ltd vs Minor Ravi Kantibhai Chauhan Through ... on 23 April, 2025
NEUTRAL CITATION
C/CA/777/2025 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 777 of
2025
In F/CROSS OBJECTION NO. 922 of 2025
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M/S KHURANA MENU. LTD.
Versus
MINOR RAVI KANTIBHAI CHAUHAN THROUGH KANTIBHAI TAPUBHAI
CHAUHAN & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 2
MR TUSHAR L SHETH(3920) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 23/04/2025
ORAL ORDER
1. This is an application, filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 246 days, caused in filing the captioned Cross Objection in First Appeal No.536 of 2024.
2. Heard learned advocate Mr. Nishit A. Bhalodi for the applicant, learned advocate Mr. Rathin P. Raval for respondent No.2 and learned advocate Mr. Tushar L Sheth for the respondent No.1.
3. Learned advocate for the applicant has submitted that learned Tribunal disposed of the Motor Accident Claim Petition Page 1 of 3 Uploaded by RINKU MALI(HC01574) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 01:22:42 IST 2025 NEUTRAL CITATION C/CA/777/2025 ORDER DATED: 23/04/2025 undefined proceedings in 2011 and thereafter, the First Appeal is filed by the claimants for enhancement of compensation in the year 2024. It is further submitted that applicant received notice of admission on 26.03.2024 and subsequently, applicants were informed to file cross-objection against the direction of pay and recover. It is further submitted that since the appeal is filed after a period of almost 13 years, the decree of compensation would become infructuous. However, claimants have filed an appeal for enhancement, in case the appeal is allowed, the award of compensation would get an extension and the amount can be recovered from the present applicant.
4. Per contra, learned advocate for respondents have no objection if the delay is condoned.
5. Considering the submissions and the averments made in the application, it appears that the First Appeal is filed after a period of 13 years of the impugned judgment and award. Page 2 of 3 Uploaded by RINKU MALI(HC01574) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 01:22:42 IST 2025
NEUTRAL CITATION C/CA/777/2025 ORDER DATED: 23/04/2025 undefined Considering the nature of litigation, sufficient cause is made out for condoning delay, in the interest of justice, delay is condoned.
6. In view of the above, present Civil Application stands disposed of accordingly.
(D. M. DESAI,J) RINKU MALI Page 3 of 3 Uploaded by RINKU MALI(HC01574) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 01:22:42 IST 2025