Madhya Gujarat Vij Company ... vs Sangitaben Wd/O Bharatbhai ...
2021 Latest Caselaw 11220 Guj

       C/CA/904/2021                                ORDER DATED: 09/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 904 of 2021

                       In F/FIRST APPEAL NO. 11060 of 2020

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                MADHYA GUJARAT VIJ COMPANY LIMITED
                              Versus
             SANGITABEN WD/O BHARATBHAI MANUBHAI BHOI
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4,5,6,7
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 09/08/2021

                                  ORAL ORDER

Heard learned advocate Ms. Nidhi Trivedi for learned advocate Mr. Dipak Dave for the applicant.

1.1 Rule is served, however none has chosen to appear.

2. This application is filed seeking condonation of delay of 177 days which has occasioned in challenging the judgment and award impugned in the First Appeal.

3. It transpires from the record and averments made in the application that the certified copy was applied immediately on 20.12.2018 which was prepared by the Registry on 24.6.2019 and was made available to learned advocate on the same date. Learned advocate forwarded his opinion to the Deputy Engineer, who in turn forwarded the same to the Executive Engineer. The file traveled to the level of Superintendent Engineer and thereafter to the competent authority at the highest level to took decision to prefer the appeal on 7.9.2019. The decision to prefer the appeal was

C/CA/904/2021 ORDER DATED: 09/08/2021

communicated, the advocate was instructed and after gathering the necessary papers which were not available, he was finally instructed to prefer the appeal.

4. The passage of time and resultant delay to the aforesaid extent is in the administrative realm. The applicant appellant is Vij company and an impersonate body. Decision making process in the applicant company travels at different hierarchical levels.

5. Viewed in the above facts and context, it can be well said that the delay is properly explained and sufficient cause is made out. Delay of 177 days deserves to be condoned. The same is condoned. Civil Application stands allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI