Gujarat High Court
Kutbuddin Samsuddin Saiyed vs Kadar Karim Shaikh on 26 September, 2025
NEUTRAL CITATION
C/CA/3435/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3435
of 2025
In F/FIRST APPEAL NO. 7454 of 2025
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KUTBUDDIN SAMSUDDIN SAIYED
Versus
KADAR KARIM SHAIKH & ORS.
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Appearance:
MR MOHSIN M HAKIM(5396) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 26/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 578 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 delay of 578 days has occasioned owing to the reasons that the applicant is a poor and he could not arrange the finance for preferring the appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:33:44 IST 2025 NEUTRAL CITATION C/CA/3435/2025 ORDER DATED: 26/09/2025 undefined reasons as stated in paragraph 3 and 4 of the application. He has further submitted that the claimants shall not claim any interest for the delayed period on the enhanced amount of compensation, if the appeal is allowed.
4. On the other hand, learned advocate Mr. G. C. Mazmudar appearing on behalf of the Insurance company submitted that the considering the facts and circumstances of the present case appropriate orders may be passed.
5. Having considered the submissions of the learned advocate for the applicant and having regard to the ground for delay pressed into service, I am of the considered view that the delay has been sufficiently explained and the same deserves to be condoned. Accordingly, the delay is condoned subject to the condition that the claimant shall not be entitled for the interest for the delayed period on the enhanced amount of compensation, if the appeal is allowed. No order as to costs.
6. In view of the above directions, the present application is disposed of.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:33:44 IST 2025