Gujarat High Court
Ajitbhai @ Nartambhai Kachhiyabhai ... vs Champakbhai Maghabhai Chaudhari ... on 23 September, 2025
NEUTRAL CITATION
C/CA/4882/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4882
of 2025
In F/FIRST APPEAL NO. 26961 of 2025
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AJITBHAI @ NARTAMBHAI KACHHIYABHAI CHAUDHARI
Versus
CHAMPAKBHAI MAGHABHAI CHAUDHARI (DECD) & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 23/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 474 days caused in preferring the appeal against the impugned judgment and award.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submitted that the accident in question, the leg of the applicant was amputated. He further submitted that the Insurance Company has not deposited the awarded amount in time. Therefore, the applicant could not arrange the finance to meet the expense of court fees and other expenses involved in preferring the appeal. He further submitted that the delay is neither intentional nor malafide. But Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 22:20:56 IST 2025 NEUTRAL CITATION C/CA/4882/2025 ORDER DATED: 23/09/2025 undefined has occasioned owing to the reasons of the poverty of the applicant. He further submitted that the applicant shall not claim any interest for the belated period if the appeal for enhancement is allowed.
4. Having considered the submissions of learned advocate for the parties and having regard to the ground pressed into service by the learned advocate for the applicant, I am of the considered view that the delay has been sufficiently explained.
5. At this juncture, it would be profitable to refer the judgment of the Hon'ble Supreme Court rendered in the case of Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR 1987 SC 1353], wherein the Hon'ble Supreme Court has laid down the guidelines to consider the application for condonation of delay and the same are reproduced hereinunder:-
"1. Ordinarily a litigant does not stand to benefit by lodging an appeal late.
2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con-doned the highest that can happen is that a cause would be decided on merits after hearing the parties.
3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner.
4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 22:20:56 IST 2025
NEUTRAL CITATION C/CA/4882/2025 ORDER DATED: 23/09/2025 undefined
5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk.
6. It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so."
6. Having considered the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the case of Collector, Land Acquisition, Anantnag (supra), it would be in the interest of justice if the delay is condoned subject to the condition that the applicant shall not be entitled for interest on the enhanced compensation for the delayed period, if the appeal for enhancement is allowed.
7. Accordingly, in view of the above direction, the application deserves to be allowed and accordingly, the delay is condoned. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 22:20:56 IST 2025