Gujarat High Court
Dahyabhai Nannubhai Nayak vs Patel Amrutbhai Shankarbhai on 17 July, 2025
NEUTRAL CITATION
C/CA/3663/2025 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3663 of
2025
In F/FIRST APPEAL NO. 20993 of 2025
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DAHYABHAI NANNUBHAI NAYAK & ORS.
Versus
PATEL AMRUTBHAI SHANKARBHAI & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/07/2025
ORAL ORDER
1. Heard Mr. Nishit Bhalodi, learned advocate on record for the applicants- original claimants.
2. Looking at the number of days of delay involved, the present application is taken up for hearing, in absence of the respondents.
3. 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 24 days caused in preferring the appeal.
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4. Learned advocate for the applicants has mainly relied upon the averments made in the application, and has submitted that the applicants were not aware about the legal intricacies involved. The time was consumed in collecting the relevant papers from the advocate representing them before the Tribunal, and to arrange for the legal expenses. 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 applicants, in light of the averments made in the application, it transpires that the impugned judgment and award was pronounced on 27.02.2025. The advocate had conveyed to the applicants about the pronouncement of the judgment on 06.04.2025. In the meanwhile, the certified copy of the same was applied for, which was made available on 12.03.2025. The applicants, being aggrieved by the award, decided on lower side, had taken decision to avail the legal remedy available in eye of law. Hence, they had approach the concerned advocate practicing in the High Court and the Vakalatnama was handed over on 30.04.2025. It is contended that the time was consumed in arranging for the funds to meet with the legal expenses, which was extended to learned advocate on 24.05.2025.
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6. Considering the aforesaid explanation offered, this Court is inclined to accept the aforesaid submissions made by learned advocate for the applicants, more particularly, noticing the fact that all throughout, the attempts were made to pursue the matter for appeal, this Court is inclined to condone the delay of 24 days caused in preferring the appeal. The delay is condoned. The Civil Application is allowed, and stands disposed of. No order as to costs.
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