Gujarat High Court
State Of Gujarat Through Deputy ... vs Shivabhai Lakhabhai on 22 September, 2025
NEUTRAL CITATION
C/CA/22/2021 ORDER DATED: 22/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 22 of 2021
In F/FIRST APPEAL NO. 28712 of 2020
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STATE OF GUJARAT THROUGH DEPUTY SECRETARY & ORS.
Versus
SHIVABHAI LAKHABHAI & ORS.
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Appearance:
MR BHAVESH DESAI, AGP for the Applicant(s) No. 1,2,3
ABATED for the Respondent(s) No. 1,4
MR N V RAVAL(11267) for the Respondent(s) No. 2,3
MR VIJAY N RAVAL(2025) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 22/09/2025
ORAL ORDER
1. This is an application under Section 5 of Limitation Act for condonation of delay of 502 days in filing the first appeal.
2. Heard learned AGP, Mr. Bhavesh Desai for the applicant. Though served, none appears for the respondents.
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NEUTRAL CITATION C/CA/22/2021 ORDER DATED: 22/09/2025 undefined
3. Learned AGP submitted that after pronouncement of judgment and award in reference proceedings on 04.05.2018, the process of challenging the appeal was initiated by the concerned department of the applicants. It is contended that the file has traveled through different departments of the applicants. It is further contended that there is no intentional delay on part of the applicants. The delay is only due to procedural aspects. It is also contended that the applicants have strong case both on facts as well as in law. Except above, no other submissions, are made by learned AGP.
4. Considering the averments made in the application and more particularly, in absence of any challenge by the respondents with regard to the reasons stated in the application, it appears that the applicants have remained vigilant in taking the decision to challenge the impugned award. Since, the reasons assigned in the application are Page 2 of 3 Uploaded by MS.PARUL DUTTA(HCD0073) on Tue Sep 23 2025 Downloaded on : Tue Sep 23 23:39:40 IST 2025 NEUTRAL CITATION C/CA/22/2021 ORDER DATED: 22/09/2025 undefined reasonable, the justice oriented view is required to be adopted by accepting the explanation canvassed by the applicants. This Court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice oriented 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, delay is condoned.
5. Accordingly, the Civil Application is disposed of.
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