Gujarat Stae Road Transport ... vs Hemantkumar Ravjibhai Rajput
2021 Latest Caselaw 1689 Guj

         C/FA/3644/2020                                       IA ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2020
                In F/FIRST APPEAL NO. 3644 of 2020
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GUJARAT STAE ROAD TRANSPORT CORPORATION Versus HEMANTKUMAR RAVJIBHAI RAJPUT ================================================================ Appearance:

MR RUSHABH MUNSHAW FOR MR HS MUNSHAW for the PETITIONER(s) No.

MR CHIRAYU A MEHTA for the RESPONDENT(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. ================================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 04/02/2021 IA ORDER

Heard learned advocate Mr.Rushabh Munshaw for the applicant.

Rule. Learned advocate Mr.Nishit Bhalodi waives service of notice of rule for the respondent no.1 and Learned advocate Mr.Chirayu Mehta waives service of notice of rule for the respondent no.6.

This application is filed for condoning the delay of 1451 days occurred in filing the Civil Application for bringing legal of the deceased respondent no.5 heirs on record.

Learned advocate for the applicant has stated that Civil Application No.1455 of 2020 has been filed with a prayer to condone the delay of 11 days in filing of the First Appeal. It is further stated that Rule was issued in the said Civil Application on 30.06.2020, however, notice of Rule was not served upon the respondent no.5 since he passed away on 23.12.2015. It is further stated that the legal heirs were required to be brought on record, however, no actions were taken to bring the legal heirs on record of the claim petition being MACP No.779 of 2012 and the judgment and

C/FA/3644/2020 IA ORDER

decree passed on 16.10.2019 and the respondent no.5 passed away on 23.12.2015.

Learned advocate for the applicant states that the said fact came to the notice of the applicant recently when the notice of Rule was issued by this Court on 30.06.2020 in Civil Application No.1455 of 2020.

The explanation rendered by the learned advocate for the applicant requires consideration. It seems that the delay occurred in filing the First Appeal is not intentional or with any mala fide intention.

Accordingly, the delay of 1451 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