Gujarat High Court
Rekhaben W/O Rakeshsinh Shaileshbhai ... vs Palav Navneetbhai Shah on 26 June, 2025
NEUTRAL CITATION
C/CA/3302/2025 ORDER DATED: 26/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3302 of
2025
In F/FIRST APPEAL NO. 29286 of 2024
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REKHABEN W/O RAKESHSINH SHAILESHBHAI PARMAR & ORS.
Versus
PALAV NAVNEETBHAI SHAH & ANR.
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Appearance:
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 26/06/2025
ORAL ORDER
1. Heard Ms. Kinjal Patel learned advocate appearing on behalf of Vaibhav N. Sheth learned advocate on record for the appellants-original claimants. Noticing the number of days of delay involved in preferring the present application seeking condonation of delay, the present appeal is taken up for hearing in the absence of the respondents.
2. The present application is filed under Section 5 of Limitation Act read with Section 173(1), of the Motor Vehicle Act, 1988 seeking condonation of delay of 33 days caused in preferring the appeals.
3. At the outset, learned advocate has referred to the Page 1 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Jul 05 2025 Downloaded on : Fri Jul 11 22:19:36 IST 2025 NEUTRAL CITATION C/CA/3302/2025 ORDER DATED: 26/06/2025 undefined averments made in the application and has pointed out that the impugned judgment and award was pronounced on 31.05.2024, the certified copy of the same was applied on 05.06.2025, which was received on 12.06.2025. She has further pointed out that the applicants were never informed about the passing of the award. Since, the applicants have lost touch with advocate on record as they reside in the interior part of small village. The applicants having acquired knowledge about the passing of the impugned judgment and award, had sought legal advise with regard to the legal remedy available to seek enhancement of amount of compensation. The advocate on record had guided the applicants to challenge the judgment in higher forum by filing an appeal. The advocate had provided the certified copy of the award in the month of August,2024. The applicants having approached to the advocates of higher forum had realized that the legal expenses are to be incurred in presenting the appeal. By referring to the aforesaid explanation, learned advocate had submitted that all throughout the applicants were pursuing the matter to seek an amount of compensation to avail the legal remedy available. However, because of the circumstances pointed out, they could not approached in appeal within the stipulated period of limitation. She has therefore, urged this Court to take liberal approach more particularly when the applicants have Page 2 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Jul 05 2025 Downloaded on : Fri Jul 11 22:19:36 IST 2025 NEUTRAL CITATION C/CA/3302/2025 ORDER DATED: 26/06/2025 undefined in fact pursue the proceedings as an indigent person and are financially not well to meet with the legal expenses, time was consumed.
4. Considering the aforesaid submissions of learned advocate for the applicant in light of the averments made in the application and noticing the fact that the dismissal of their application at the delay condonation stage may take away their right to present their case on merits for enhancement of compensation, this Court is inclined to take liberal approach and to condone delay of 33 days caused in preferring the appeal. Hence, present application is allowed. No order as to costs.
(NISHA M. THAKORE,J) Parul Dutta Page 3 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Sat Jul 05 2025 Downloaded on : Fri Jul 11 22:19:36 IST 2025