Sirazuddin Roshanbhai Mansuri vs Hamidbhai Gulubhai Pira
2021 Latest Caselaw 1594 Guj

          C/CA/2339/2020                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2339 of 2020
                                   In
                    F/FIRST APPEAL NO. 20248 of 2020

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                    SIRAZUDDIN ROSHANBHAI MANSURI
                                 Versus
                        HAMIDBHAI GULUBHAI PIRA
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Appearance:
MR R.K.MANSURI(3205) for the Applicant(s) No. 1
MR DAKSHESH MEHTA(2430) for the Respondent(s) No. 3
MS MASUMI NANAVATY FOR MR. RUSHANG D MEHTA(6989) for the
Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 03/02/2021
                              ORAL ORDER

Heard learned advocate Mr.R.K.Mansuri for the applicant, learned advocate Ms.Masumi Nanavaty for the respondent no.3.

Learned advocate Ms.Masumi Nanavaty waives service of notice of rule for the respondent no.3.

Though served, none appears for the respondent nos.1 and 2.

This application is filed for condoning the delay of 161 days occurred in filing the First Appeal.

Learned advocate has stated that the delay occurred mainly because of the applicant is residing at remote area and he was not aware about the impugned judgment and award passed by the learned tribunal. He has stated that when the applicant contacted the advocate, he was informed about the impugned award. He has also stated that the applicant was not

C/CA/2339/2020 ORDER

in a position to arrange requisite funds for filing of the appeal.

It is also stated by the learned advocate for the applicant that delay is not deliberate and there is no negligence on the part of the applicant.

The reasons as stated above in the application require consideration. The delay does not seem to be intentional or with any mala fide intention in instituting First Appeal.

Accordingly, the delay of 161 days occurred in filing the First Appeal is required to be condoned and the same is hereby condoned. The Civil Application is allowed to the aforesaid extent. Rule is made absolute.

(VAIBHAVI D. NANAVATI,J) ABHISHEK