Gujarat High Court
Deputy General Manager vs Amardham Lalgebi Ashram on 13 October, 2025
NEUTRAL CITATION
C/CA/3753/2025 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3753 of
2025
In F/FIRST APPEAL NO. 9788 of 2025
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DEPUTY GENERAL MANAGER
Versus
AMARDHAM LALGEBI ASHRAM & ANR.
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Appearance:
NIYATI D CHAUHAN(9082) for the Applicant(s) No. 1
MS.DHARITRI PANCHOLI AGP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 13/10/2025
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 221 days caused in preferring the First Appeal.
2. Heard learned advocate Ms.Niyati Chauhan for the applicant and learned Assistant Government Pleader Ms.Dharitri Pancholi for respondent - State. Though served, none appeared for respondent No.1.
3. Learned advocate for applicant submitted that the judgment and order was pronounced on 12.03.2024. Certified copy was applied for on Page 1 of 3 Uploaded by MANOJ KUMAR(HC01092) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 03:10:11 IST 2025 NEUTRAL CITATION C/CA/3753/2025 ORDER DATED: 13/10/2025 undefined 29.05.2024 and the same was received on 01.07.2024. Thereafter, impugned order alongwith the file was immediately sent to the legal department for opinion. The file has travelled through various departments of the applicant. Thus, the reason for delay is administrative procedure and time consumed in decision making process. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.
4. Per contra, learned AGP has opposed the application and submitted that the reasons assigned in the application are not sufficient for condoning the delay
5. Having considered the submissions and averments averments made in the application, it seems that the file has travelled through different departments and the cause for delay is administrative procedure and time consumed in decision making process. This court has taken into consideration the view taken by the Page 2 of 3 Uploaded by MANOJ KUMAR(HC01092) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 03:10:11 IST 2025 NEUTRAL CITATION C/CA/3753/2025 ORDER DATED: 13/10/2025 undefined Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.
6. The application is allowed and stands disposed of. Rule is made absolute.
(D. M. DESAI,J) MANOJ Page 3 of 3 Uploaded by MANOJ KUMAR(HC01092) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 03:10:11 IST 2025