Navinbhai Dayalal Jethva vs Rajendrasinh Pathubha Jhala
2021 Latest Caselaw 1679 Guj

          C/CA/2821/2020                                     ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO. 2821 of 2020

                In F/FIRST APPEAL NO. 25404 of 2020

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                       NAVINBHAI DAYALAL JETHVA
                                 Versus
                     RAJENDRASINH PATHUBHA JHALA
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2
MR Y J PATEL(3985) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                           Date : 04/02/2021

                             ORAL ORDER

Heard learned advocate Mr.Hemal Shah for the applicants, learned advocate Mr. Y.J.Patel for the respondent no.1.

By way of the present application, the applicant has prayed for condonation of delay of 809 days in preferring the appeal.

Learned advocate for the applicant has stated that the impugned judgment and award was passed by the learned Tribunal on 29.09.2017. It has further stated that the certified copy of impugned award was available on 26.02.2018. He has further submitted that applicant had to undergo heart surgery and after the surgery he has not been keeping well. He had spent considerable money in his operation and because of financially week, he could not filing the appeal. At the outset ,learned advocate for the applicant, on instructions, states that as the delay is of 809 days, delay of 200 days be condoned and the applicant shall waive

C/CA/2821/2020 ORDER

the interest for 609 days out of 809 days of delay.

Having heard the learned advocates for the respective parties, delay of 809 days occurred in filing the appeal is condoned. However, as stated by Mr. Shah, learned advocate for the applicant, the applicant shall forgo interest of 609 days out of 809 days of delay.

Accordingly, the present application is allowed to the aforesaid extent. Rule is made absolute in the above terms.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI