Gujarat High Court
Patel Arvindbhai Mangalbhai vs State Of Gujarat on 8 December, 2021
Bench: A.G.Uraizee
C/CA/1890/2021 ORDER DATED: 08/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1890 of 2021
In
F/FIRST APPEAL NO. 19512 of 2021
================================================================
PATEL ARVINDBHAI MANGALBHAI
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 08/12/2021
ORAL ORDER
1. Heard Mr. Manish Shah, learned advocate for the
applicant and Mr. Manraj Barot, learned AGP for the
respondent.
2. The present application under Section 5 of the Limitation
Act is preferred to condone the delay of 2649 days which
has occurred in preferring First Appeal to assail the
impugned judgment and award of the Reference Court.
3. Mr. Shah, learned advocate for the applicant submits that
in cognate appeal, the co-ordinate bench of this Court has
condoned delay of 2621 days by assigning detailed reasons.
He further submits that in this application as well the
applicant is ready and willing to file an undertaking on oath
to indicate his readiness and willingness to forgo the interest
for the period of delay. He submits that the applicant shall
file an undertaking to this effect in the registry of this Court
within a period of two weeks after this order is available.
4. Mr. Manraj Barot, learned AGP strongly opposes this
application. As according to his submission, the delay is very
huge. He submits that the cause which is shown in the
present application for condoning delay is not sufficient
C/CA/1890/2021 ORDER DATED: 08/12/2021
cause and therefore, he urges that the delay may not be
condoned.
5. I have considered the rival submissions of the learned
advocate and learned AGP and perused the record.
6. The co-ordinate bench of this Court vide order dated
20.10.2021 has condoned delay of 2621 days which has
occurred in preferring the appeal to challenge similar award
by assigning detailed reasons after considering the rival
submissions of learned advocate for the applicant and
learned AGP.
7. In view thereof, the delay which has occurred in the
present application also needs to be condoned on condition
of filing an undertaking on oath by the applicant expressing
his willingness and readiness to forgo the interest for the
period of delay.
8. In view of the above, present application is allowed. The
delay which has occurred in preferring the appeal to assail
the judgment and award of the Reference Court is hereby
condoned on condition of the applicant filing an undertaking
in the registry of this Court within two weeks of this order
being made available to indicate his readiness and
willingness to forgo the interest for the period of delay.
9. The application stands disposed of. Rule is made absolute.
(A.G.URAIZEE, J)
Manoj
