Gujarat High Court
General Manager, Oil And Natural Gas ... vs Vanmalidas Maganbhai Patel on 28 April, 2025
NEUTRAL CITATION
C/CA/5631/2024 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5631 of
2024
In F/FIRST APPEAL NO. 32264 of 2024
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GENERAL MANAGER, OIL AND NATURAL GAS CORPORATION LTD.
Versus
VANMALIDAS MAGANBHAI PATEL & ANR.
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Appearance:
MR AJAY R MEHTA(453) for the Applicant(s) No. 1
MR MANOHAR REHVAR AGP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 28/04/2025
ORAL ORDER
Heard Mr.Ajay R Mehta, learned Advocate on record for the applicant - Corporation. Pursuant to the order dated 28/11/2024 passed by this Court, Rule issued upon the respondents has been duly served. Respondent no.1 though being granted sufficient opportunity has chose not to enter his appearance or to contest the present application. At the outset, learned Advocate appearing for the applicant has invited my attention to the averments made in the application and has submitted that the delay is attributed due to the administrative exigencies. The fact that the record of the case was not traceable and large number of matters are otherwise required to Page 1 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 12:53:40 IST 2025 NEUTRAL CITATION C/CA/5631/2024 ORDER DATED: 28/04/2025 undefined be dealt with by the Legal Department and the concerned section of the Corporation, time was consumed in approaching this Court. He has therefore submitted that the Court may take liberal approach as refusing to condone the delay would result into meritorious matter being thrown out at the threshold without there being adjudication on merits of the case. According to learned advocate for the applicant he has good case on merits. He has therefore urged this Court to condone the delay.
2. Considering the aforesaid submissions made by learned advocate for the applicant and noticing the averments made in this application as reproduced herein under, this Court is inclined to exercise the discretion.
"6. The Judgment was pronounced on 28.12.2023 and pursuant thereto award was drawn on 05.01.2024. The panel advocate applied for certified copy on 16.01.2024. The certified copy was ready for delivery on 10.05.2024 and delivery thereof was taken on 15.05.2024. There is a delay of about 5 days in this process. The panel advocate had sent the papers and certified copies on 21.05.2024 which was received by the Corporation on 10.06.2024 and received by LAQ Page 2 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 12:53:40 IST 2025 NEUTRAL CITATION C/CA/5631/2024 ORDER DATED: 28/04/2025 undefined section on 29.06.2024. As the record was old, efforts were made by the LAQ Section to trace SPLAO award within ONGC and SPLAO office multiple times and finally could locate it only on 30.08.2024. The LAQ Section processed the papers and sent to the Legal Department on 17.09.2024. There is a delay of 107 days on the part of LAQ Section in locating the papers and forwarding the same. The Legal Department received the papers on 19.09.2024. The Legal Department opined to prefer an appeal on 26.09.2024. The competent authority granted approval on 30.09.2024 and competent authority also granted approval for filing appeal. Approval to appoint the advocate was given on 08.10.2024 and the papers were sent to the High Court advocate on 15.10.2024. The High Court Advocate drafted the appeal memos and civil applications for stay and filed the same on 16.11.2024. In the circumstances, there is a delay of 4 days in preferring appeal. The delay was mainly caused due to administrative exigencies and the fact that record of the case could not be traced and also fact that large number of matters were required to be dealt with by the Legal Department and Land Acquisition Section of the Corporation. The delay was also caused due to the fact that approval from various departments are required to be taken before taking a final decision to prefer the appeal."Page 3 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 12:53:40 IST 2025
NEUTRAL CITATION C/CA/5631/2024 ORDER DATED: 28/04/2025 undefined
3. The delay of 84 days caused in preferring the captioned appeal is hereby condoned. Rule is made absolute. Registry to give the Pakka number and to notify the First Appeal in due course.
(NISHA M. THAKORE,J) sompura Page 4 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Mon Apr 28 2025 Downloaded on : Tue Apr 29 12:53:40 IST 2025