Gujarat High Court
Meruji Somaji Thakor vs Vishnubhai Ishwarbhai Patel on 11 July, 2025
NEUTRAL CITATION
C/CA/3590/2025 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3590 of
2025
In F/FIRST APPEAL NO. 4946 of 2025
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MERUJI SOMAJI THAKOR
Versus
VISHNUBHAI ISHWARBHAI PATEL & ORS.
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Appearance:
MR.MANAN BHATT(6535) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 11/07/2025
ORAL ORDER
1. Heard Mr. Manan Bhatt, learned advocate on record for the applicant.
2. Noticing the number of days involved, the present application is taken up for hearing, in absence of the respondents.
3. The applicant is the original claimant, who intended to challenge the impugned judgment and award dated 21.10.2024 passed in claim petition preferred under Section 166 of the Motor Vehicles Act, 1988, whereby the Tribunal has awarded compensation on lower side.
4. Learned advocate for the applicant has submitted that the applicant belongs to lower strata of the society and is semi literate.
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Though, the impugned judgment was pronounced on 21.10.2024, time was consumed in seeking legal advise of the remedy available in eye of law. Necessary documents were collected and the funds were gathered to meet with the legal expenses. By referring to the aforesaid averments made in the application, learned advocate has submitted that there was no mala fide intention or gross inaction on the part of the applicant to not approach in the appeal within the stipulated period of limitation. He has, therefore, urged this Court to take liberal approach, and to condone the delay.
5. Considering the aforesaid submissions of learned advocate for the applicant, in light of the averments made in the application and noticing the benevolent legislation, this Court is inclined to exercise its discretion to condone the delay. Hence, the delay of 24 days caused in preferring the appeal, is hereby condoned. The Civil Application is allowed, and stands disposed of.
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