Gujarat High Court
Khushboo Nikunjkumar Dineshbhai vs Laxmanbhai Nagjibhai Patel on 22 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2760/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2760 of
2025
In F/FIRST APPEAL NO. 10489 of 2025
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KHUSHBOO NIKUNJKUMAR DINESHBHAI & ORS.
Versus
LAXMANBHAI NAGJIBHAI PATEL & ORS.
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2,3,4
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2
MR SUNIL B PARIKH(582) for the Respondent(s) No. 4
MR. JAINAM M SHAH(17596) for the Respondent(s) No. 3
UNSERVED EXPIRED (R) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 22/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant for condoning the delay of 218 days in preferring the appeal against the order dated 06.05.2024 passed by the MAC Tribunal (Main), Banaskantha District, Palanpur in MACP No.114 of 2020.
2. It is reported that the rule is served and learned advocate Mr. Rituran Meena, learned advocate Mr. Jainam Shah and learned advocate Mr. Sunil Parikh have appeared on behalf of respondent Nos 2 to 4 respectively.
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3. Learned advocate has drawn attention of this Court to the contents of para-2 to 6 of the application, wherein it stated that the certified copy was allied on 10.05.2024 which was received on 27.05.2024. Further, the insurance company has deposited the amount late and hence, the claimants had to arrange the funds to file the appeal. The advocate for the appellant sent the judgment to prepare the appeal memo on 03.03.2025 and the appeal memo with delay application was provided on 06.03.2025 and therefore, there is delay in filing of the first appeal to collect the necessary papers from the concerned advocate and to arrange for other expenses. m
4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.
5. Learned advocate for the respondents formally oppose the grant of application.
6. Considering the aforesaid, particularly, period of 218 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
7. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
8. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Page 2 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 22:01:15 IST 2025 NEUTRAL CITATION C/CA/2760/2025 ORDER DATED: 22/07/2025 undefined Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
9. In view of the aforesaid, the application is allowed. The delay of 218 days caused in preferring the appeal against the order dated 06.05.2024 passed by the MAC Tribunal (Main), Banaskantha District, Palanpur in MACP No.114 of 2020. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.
(A.Y. KOGJE, J) (NSSG,J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 22:01:15 IST 2025