Gujarat High Court
Ishwerlal Amrutlal Thakkar vs Mayursinh Jagdishsinh Chawda on 15 July, 2025
NEUTRAL CITATION
C/CA/4884/2024 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4884 of
2024
In F/FIRST APPEAL NO. 20063 of 2024
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ISHWERLAL AMRUTLAL THAKKAR & ORS.
Versus
MAYURSINH JAGDISHSINH CHAWDA & ORS.
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Appearance:
MS. POOJA DHRUVE FOR MR. HEMAL SHAH(6960) for the Applicant(s) No.
1,2,3,4,5,6
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 15/07/2025
ORAL ORDER
1. Registry has placed on record the submissions, thereby pointing out that the notice issued by this Court vide order dated 24.09.2024, is reported to have been duly served upon the respondents. Despite sufficient time being lapsed and the matter being notified from time to time, the respondents have chosen not to appear and contest the present application. Hence, the present application is taken up for hearing, in absence of the respondents, with the assistance of learned advocate appearing for the applicants.
2. The present application is filed under Section 5 of the Limitation Act, 1963, read with Section 173(1) of the Motor Vehicles Act, 1988, praying for condonation of delay of 611 days caused in preferring the Page 1 of 3 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:22:02 IST 2025 NEUTRAL CITATION C/CA/4884/2024 ORDER DATED: 15/07/2025 undefined appeal.
3. Learned advocate appearing for the applicants has invited my attention to the averments made in the application, and has submitted that the applicants are the original claimants, who intend to present their case for enhancement of amount of compensation. According to her, the applicants have good case on merits. She has, therefore, urged this Court to take liberal approach and to condone the delay.
4. Considering the aforesaid submissions of learned advocate for the applicants, in light of the averments made in the application, it transpires that the impugned judgment and award was pronounced on 08.08.2022. However, the certified copy was applied on 17.02.2023. From the averments made in the application, it has not been controverted. It appears that because of death in the family, the certified copy of the judgment was applied lately. The certified copy of the same was made available on 13.03.2023. Despite communication being forwarded to the claimants, who were in contact with the advocate, a special messenger was sent to inform the applicants to remain present on 06.05.2024. The applicants, therefore, being advised by the advocate to approach in appeal and contact the advocate appearing in the High Court and forwarded the Page 2 of 3 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:22:02 IST 2025 NEUTRAL CITATION C/CA/4884/2024 ORDER DATED: 15/07/2025 undefined relevant papers. In the process, delay of 611 days has crept in. It is further submitted that applicant nos.1 and 2 are aged parents of the deceased, while applicant nos.3 to 6 are siblings of the deceased, who intend to pursue the remedy of appeal.
5. Noticing the aforesaid explanation offered and considering the fact that the applicants are the claimants, who intend to avail the remedy of appeal for enhancement of amount of compensation and considering the benevolent legislation and taking liberal approach, this Court is inclined to exercise its discretion to condone the delay. The delay of 611 days caused in preferring the appeal, is condoned.
6. Noticing the huge number of days of delay involved, in order to strike out the balance, the delay is condoned on condition that the applicants shall not be entitled to the interest on the enhanced amount of compensation for the interregnum period of delay, in case, if they succeed in appeal.
7. With these observations, present Civil Application is allowed, and stands disposed of.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 3 of 3 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Tue Jul 15 2025 Downloaded on : Tue Jul 15 23:22:02 IST 2025