Hitendrabhai Mahendrakumar ... vs State Of Gujarat
2021 Latest Caselaw 1681 Guj

          C/CA/2633/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2633 of 2020

           In F/LETTERS PATENT APPEAL NO. 23725 of 2020

                                  With
                   R/CIVIL APPLICATION NO. 2628 of 2020
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                 HITENDRABHAI MAHENDRAKUMAR RAVAL
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS. PAYAL M TUVAR(7055) for the Applicant(s) No. 1
MS.DHWANI TRIPATHI, AGP for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 04/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Ms.Payal Tuvar for the applicants in each Civil Applications and learned Assistant Government Pleader Ms.Dhwani Tripathi for the respondent State.

2. In the facts of the case, Rule returnable forthwith. Learned Assistant Government Pleader Ms. Dhwani Tripathi waives service of rule for respondents­ State in the respective Civil Applications.

3. The applicants herein prays to condone delay of 355 days which has taken place in preferring Letters Patent Appeal against the judgment dated 27.2.2019 in Special Civil

C/CA/2633/2020 ORDER

Application No.432 of 2015 and cognate group of petitions, present applications are filed.

4. Delay is sought to be explained by stating that certain complaints were lodged against the applicants and that the applicants were released on bail, whereafter only steps could be taken to prefer the appeal.

5. Apart from the above aspect stated by the applicants, there is no gainsaying that other Letters Patent Appeal Nos.229 of 2020, 230 of 2020 and 231 of 2020 are filed in respect of the other petitions forming part of the impugned decision of learned Single Judge wherein this Court has already condoned delay. This position is admitted by all the learned advocates appearing for the parties.

6. In the aforesaid view, delay of 355 days which has occurred in Letters Patent Appeals arising out of the same judgment deserves to be condoned.

7. Accordingly, delay is condoned in each Civil Applications. The present applications are allowed. Rule is made absolute in both the Civil Applications.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi