Bhojraj Dhanji Bhojraj Devariya ... vs Ramesh Mohan Vasvani
2021 Latest Caselaw 12632 Guj

       C/CA/1219/2021                                   ORDER DATED: 26/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1219 of 2021

                                       In
                          F/FIRST APPEAL NO. 5645 of 2021

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     BHOJRAJ DHANJI BHOJRAJ DEVARIYA MAHESHWARI (FATHER OF
                             DECD.)
                             Versus
                     RAMESH MOHAN VASVANI

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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 1,2,3

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 26/08/2021

                                   ORAL ORDER

Heard learned advocate Mr. Hemal Shah for the applicants. Though served with the rule, respondents have chosen not to appear.

2. Delay of 103 days has taken place in preferring the appeal against the judgment and award of the Motor Accident Claims Tribunal.

3. Explaining the delay it was stated by the applicants that after the death of only bread earner in the family, the family suffered monetary crises and they were not aware about the technicalities of the law. It was further stated that they were unable to arrange funds and legal expenses to prefer the appeal.

C/CA/1219/2021 ORDER DATED: 26/08/2021

4. In the facts and circumstances of the case, sufficient cause could be said to have been made out to condone the delay of 103 days.

5. Accordingly, the delay of 103 days is hereby condoned. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi