State Of Gujarat vs Dineshbhai Valjibhai Vasiyani
2021 Latest Caselaw 1671 Guj

           C/CA/424/2020                                ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 424 of 2020
            In F/LETTERS PATENT APPEAL NO. 40434 of 2019

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                           STATE OF GUJARAT
                                  Versus
                      DINESHBHAI VALJIBHAI VASIYANI
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Appearance:
MR JAYNEEL PARIKH, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 6,7,8,9
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 2
MR GM JOSHI, SENIOR ADVOCATE WITH MR VYOM H SHAH(9387) for
the Respondent(s) No. 1,3,4,5
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                     Date : 04/02/2021
                      ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application under Section 5 of the Limitation Act, the applicants have prayed for condonation of 256 days delay caused in preferring the captioned Letters Patent Appeal whereby, the applicants have challenged the oral judgment dated 26.2.2019 passed in Special Civil Application No.14407 of 2015.

2. Heard Mr. Jayneel Parikh, learned Assistant Government Pleader for the applicants and Mr. G.M. Joshi, learned senior advocate with Mr. Vyom H. Shah, learned advocate for the opponents.

3. In the application, the applicants have narrated the sequence of events which took place from the date of passing

C/CA/424/2020 ORDER

of the oral judgment till the filing of the appeal. It has been stated that the file has been moved inter-departmentally and intra-departmentally and it is only after seeking necessary approval, gathering the information, the appeal was drafted, finalised and filed. It is stated that the time got consumed in undertaking the aforesaid exercise.

4. Having regard to the averments made in the application so also the submissions made by the learned advocates for the respective parties, this Court is of the opinion that the delay caused in preferring the captioned Letters Patent Appeal, is sufficiently explained and deserves to be condoned.

5. Accordingly, the delay of 256 days caused in preferring the captioned Letters Patent Appeal is hereby condoned.

6. The Civil Application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

7. Let the main Letters Patent Appeal appear for hearing on 18.2.2021.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) BINOY B PILLAI