Gujarat High Court
Sandipkumar Jambulal Kapadiya vs Sarfaraj Sirajbhai Vhora ... on 3 October, 2025
NEUTRAL CITATION
C/CA/3621/2025 ORDER DATED: 03/10/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3621 of
2025
In F/FIRST APPEAL NO. 20370 of 2025
==========================================================
SANDIPKUMAR JAMBULAL KAPADIYA
Versus
SARFARAJ SIRAJBHAI VHORA (DRIVER/OWNER) & ANR.
==========================================================
Appearance:
MR H M SHAH(3997) for the Applicant(s) No. 1
MR TANMAY B KARIA(6833) for the Respondent(s) No. 2
NOTICE NOT RECD BACK for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 03/10/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 297 days caused in preferring the appeal against the impugned judgment and award dated 04.06.2024 passed in M.A.C.P.No.285 of 2020.
2. Learned advocate for the applicant submitted that the appeal could not be preferred within the period of limitation, as the papers were misplaced. He further submitted the delay is neither intentional nor mala fide. He also submitted that a reasonable time was consumed in arranging the requisite court fees and other expenses for preferring the appeal. Therefore, a delay of 297 days has occurred in filing the appeal.
Page 1 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 23:26:30 IST 2025NEUTRAL CITATION C/CA/3621/2025 ORDER DATED: 03/10/2025 undefined
3. Learned advocate for the applicant further submitted that, if the delay is condoned, the applicant shall not claim any interest on the enhanced compensation for the period of delay, if the appeal for enhancement is allowed.
4. On the other hand, Mr. Tanmay Karia, learned advocate for the respondent no.2 submitted that considering the facts of the case, an appropriate order may be passed.
5. Having considered the submissions advanced by the learned advocates for the parties and the grounds urged for explaining the delay, in my considered opinion, sufficient to condone the delay, subject to the condition that the applicant shall not be entitled to claim any interest on the enhanced compensation for the period of delay, if the appeal is allowed. Accordingly, the present Civil Application stands allowed. There shall be no order as to costs.
6. Registry is directed to reflect the name of learned advocate Mr.Tanmay Karia in the First Appeal appearing on behalf of Respondent No.2.
(MOOL CHAND TYAGI, J) GIRISH Page 2 of 2 Uploaded by GIRISH K PARMAR(HC00954) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 23:26:30 IST 2025