Gujarat High Court
Hitendrakumar Babubhai Patel vs Salam Abdulrauf Saburiya on 4 September, 2025
NEUTRAL CITATION
C/CA/4629/2025 ORDER DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4629 of
2025
In F/FIRST APPEAL NO. 26497 of 2025
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HITENDRAKUMAR BABUBHAI PATEL
Versus
SALAM ABDULRAUF SABURIYA & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 04/09/2025
ORAL ORDER
1. Heard learned advocate on record for the applicant- original claimant.
2. 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 48 days caused in preferring the appeal.
3. Noticing the minimal number of days involved and the explanation offered, the present application is taken up for hearing, without issuing any notice to the respondents.
4. It is mainly averred in the application that the applicant was made aware about the pronouncement of judgment and award dated 29.03.2025 on 06.06.2025. The advocate on record for the applicant had advised the applicant to approach in appeal before this Court for Page 1 of 2 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Sep 06 2025 Downloaded on : Tue Sep 09 01:05:59 IST 2025 NEUTRAL CITATION C/CA/4629/2025 ORDER DATED: 04/09/2025 undefined enhancement of amount of compensation, as against the amount awarded by the Tribunal. It is further submitted that the Vakalatnama was provided to the advocate on record on 24.06.2025. However, since the applicant was required to make arrangement for Court Fees and legal expenses, further time was consumed in making the arrangement for funds. Ultimately, the applicant could arrange the amount on 18.07.2025, and had approached the advocate practicing in High Court on 24.07.2025 with certified copy of the judgment assailed.
5. Noticing the aforesaid averments made in the application, which are stated on oath, it transpires that there is no gross negligency or inaction on the part of the applicant to not to approach this Court in appeal, within stipulated period of limitation. In absence of any mala fide intention, the explanation offered is found to be sufficient, which prevented the applicant from approaching this Court, within stipulated period of limitation. Noticing the benevolent legislation and taking liberal view, this Court is inclined to accept the aforesaid submissions to be a sufficient cause for the purpose of considering the prayer for condonation of delay. Hence, the delay of 48 days caused in preferring the appeal, is hereby condoned. The Civil Application is allowed, and stands disposed of.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA/SFS/04/09 Page 2 of 2 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Sat Sep 06 2025 Downloaded on : Tue Sep 09 01:05:59 IST 2025