Gujarat High Court
Rakeshbhai Harsingbhai Bhabhor vs Khatrabhai Ramabhai Vala(Gari) on 29 September, 2025
NEUTRAL CITATION
C/CA/4172/2025 ORDER DATED: 29/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4172 of
2025
In F/FIRST APPEAL NO. 24538 of 2025
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RAKESHBHAI HARSINGBHAI BHABHOR
Versus
KHATRABHAI RAMABHAI VALA(GARI) & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. Heard learned counsel for the parties.
2. Learned counsel for the applicant, submitted that the delay of 177 days has occasioned in preferring the appeal against the impugned judgment and award dated 06.11.2024 passed by the learned Motor Accident Claims Tribunal in MACP No.91/2015.
3. Learned counsel for the applicant, submitted that owing to the poverty of the applicant, the applicant could not arrange the necessary finance to pay the Court fee and other expenses involved in preferring the appeal. He further submitted that the applicant also could not solicit the legal advice for preferring the appeal from the lawyer in time. Therefore, the delay of 177 days has occasioned in preferring the appeal. He further submitted that the delay is neither intentional nor Page 1 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 22:15:13 IST 2025 NEUTRAL CITATION C/CA/4172/2025 ORDER DATED: 29/09/2025 undefined malafide but has occasioned owing to the reasons stated in para nos.3 to 5 of the application.
4. Ms. Kirti S. Pathak, learned counsel appearing on behalf of the respondent no.2, submitted that considering the grounds stated in the application, the appropriate order may be passed.
5. Having considered the submissions of the learned counsel for the parties and having regard to the delay on the ground of poverty pressed into service, in my considered view, constitutes a sufficient cause to condone the delay and accordingly, the delay is condoned. In view of the above, the present application stands allowed. No order as to costs.
(MOOL CHAND TYAGI, J) HARSHIT Page 2 of 2 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 22:15:13 IST 2025