General Manager, O.N.G.C. vs Rameshbhai Bhagvandas Patel
2021 Latest Caselaw 1651 Guj

       C/FA/26215/2018                                        IA ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
              In F/FIRST APPEAL NO. 26215 of 2018
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GENERAL MANAGER, O.N.G.C.

Versus RAMESHBHAI BHAGVANDAS PATEL ================================================================ Appearance:

MR RITURAJ M MEENA for the PETITIONER(s) No. for the RESPONDENT(s) No. MS.SHIVANI V TRIVEDI for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 04/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

RULE. Ms.Shivani Trivedi, learned advocate appears and waives service of notice of rule on behalf of the opponents­original claimants.

(1) The present application is filed seeking condonation of delay of 499 days caused in filing the accompanying First Appeal.

(2) Learned advocate Mr.Rituraj Meena appearing on behalf of the applicant­appellant has submitted that the judgment and award in L.A.R. No.725 of 2012 was passed by Additional Senior Civil Judge, Kalol on 24.10.2016. The certified copy of the same was applied for on 26.10.2016 i.e. after two days, however, the same was ready for delivery on 12.01.2017 and it was delivered on 30.05.2018 and on receipt of the same

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immediately the captioned First Appeal was filed. It is submitted by the learned advocate that in fact it appears that though the Corporation had received the forwarding letter of the learned advocate of the the trial court on 11.06.2018, the certified copy was not delivered to him though he visited number of times. He has also referred to the letter dated 02.05.2018 addressed by the learned advocate, who appeared before the trial Court. It is also submitted that pursuant to the order dated 03.04.2019 passed by this court an inquiry was initiated with regard to the delay, which had occurred in delivering the certified copy after more than one year and a report is also submitted before this court. Thus, he has submitted that because of the delay in preparing and delivering the certified copy of the judgment and award dated 24.10.2016 the delay has occurred and hence, the same may be condoned.

(3) Vehemently opposing the aforesaid submissions, learned advocate Ms.Shivani Trivedi has submitted that the delay may not be condoned since, it appears that the office of the applicant was not pursuing the matter seriously and in fact the delay has occurred on behalf of the learned advocate in procuring the certified copy and hence, such delay may not condoned. She has further submitted that only after filing the application for execution of the aforesaid judgment and award, the present application

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seeking condonation of delay has been filed. She has further submitted that serious allegations are leveled against the officers of the Civil Court and hence, looking to such allegations also, the delay may not condoned.

(4) Heard the learned advocates appearing on behalf of the respective parties through video conference.

(5) It appears that on 03.04.2019, this court had ordered the Registry to call for details from the Reference Court (Additional Senior Civil Judge, Kalol). The Registry of this court was also directed to call for the explanation with regard to the delay of delivering the certified copy. Pursuant to the aforesaid order, the concerned Assistant of the Court had tendered the explanation to the Principal Senior Civil Judge, Kalol, vide communication dated 10.04.2019 setting up the details of such cases, in which the certified copies were ready for delivery. It is specifically stated that the report with regard to the L.A.R. No.725 of 2012 being Report No.3874 of 2016 were ready for delivery on 12.01.2017, however, neither the concerned learned advocate nor the party did collect the same. The Court has also perused the sheet containing such details along with communication dated 10.04.2019. Thus, though the judgment and award dated 24.10.2016 was ready for delivery on 12.01.2017, the same was not collected by neither

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the officers of the present applicant nor the concerned learned advocate and hence, no fault can be found on the part of the administration of the Civil Court.

(6) The captioned First Appeal has been filed challenging the compensation awarded by the trial court, wherein the additional compensation of Rs.392.15 per sq.mtr. has been awarded by the Civil Court over and above Rs.43.25 per sq.mtr. awarded by the Special Land Acquisition Officer. After the receipt of the certified copy, the appeal has been filed within the period of limitation. In the present case, it appears that the delay has primarily occurred due to the remissness of the concerned learned advocate and the officers, who were pursuing the matter. It is trite that the discretion in condoning the delay must be exercised judicially and reasonably. In order to see that the purpose of filing the appeal is not defeated and to promote justice, this court is of the considered opinion that the delay in filing the captioned First Appeal is required to be condoned. However, the erring persons / officers cannot be let­off easily without fixation of their liability for the delay.

(7) Under these circumstances, the delay of 499 days is hereby condoned on the condition that the applicant­appellant shall pay a cost of

C/FA/26215/2018 IA ORDER

Rs.5,000/­ to the private opponents and necessary certificate of such payment of cost shall be placed on record.

(8) Accordingly the aforesaid application is allowed. Rule is made absolute.

Sd/­ (N.V.ANJARIA, J)

Sd/­ (A.S.SUPEHIA, J) NVMEWADA