Gujarat High Court
Raseelaben Wd/O Babubhai Maganbhai ... vs Saeed Ahemad Ibrahim Shaikh on 9 June, 2025
NEUTRAL CITATION
C/CA/2895/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
2895 of 2025
In F/FIRST APPEAL NO. 13426 of 2025
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RASEELABEN WD/O BABUBHAI MAGANBHAI RATHOD & ORS.
Versus
SAEED AHEMAD IBRAHIM SHAIKH & ANR.
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Mr.Sandip Chauhan, learned advocate appearing on behalf of the Mr. Hemal Shah, learned Advocate for the applicant. Issue Rule returnable forthwith. Looking to the minimal number of days involved, the present application is taken up for hearing in absence of the respondents.
2. At the outset, learned advocate has submitted that the applicants are the original claimants and intend to challenge the impugned and judgment award dated 30.12.2024 passed by the Tribunal awarding the compensation on lower side. He has further pointed out that it was the accident case and the Tribunal had failed to consider the settled legal position while determining the amount of compensation. Learned advocate has placed reliance on the decision of Hon'ble Supreme Court in the case of Delhi Development Authority vs. Jagan Singh and Ors reported in 2023 SAR (Civil) 921 wherein the Court has held that a liberal and justice oriented approach needs to be adopted in the matters of Page 1 of 2 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Fri Jun 13 2025 Downloaded on : Fri Jun 13 23:47:48 IST 2025 NEUTRAL CITATION C/CA/2895/2025 ORDER DATED: 09/06/2025 undefined condonation of delay so that the substantive rights of the parties are not defeated on the ground of the delay. By making aforesaid submissions, learned advocate has urged this Court to condone the delay and to admit the appeal.
3. Considering the aforesaid submissions of learned advocate for the applicant and looking to the explanation offered, this Court is of the view that the applicants, who are the heirs and the legal representatives of the deceased, were in process of arranging for legal funds to meet with the legal expenses to approach in appeal, looking to the number of days involved and the cause which the applicant intend to pursue, this Court is inclined to exercise its discretion. Keeping in mind the justice oriented approach, the delay of 13 days caused in preferring the appeal deserves consideration. Hence, delay of 13 days caused in preferring the captioned appeal is hereby condoned. Rule is made absolute to the aforesaid extent.
(NISHA M. THAKORE,J) Krupa Patel Page 2 of 2 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Fri Jun 13 2025 Downloaded on : Fri Jun 13 23:47:48 IST 2025