Rajabhai Masabhai Alias ... vs Anisali Ahmed Alias ...
2021 Latest Caselaw 1697 Guj

           C/FA/453/2019                                     IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2019
                    In F/FIRST APPEAL NO. 453 of 2019
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RAJABHAI MASABHAI ALIAS MACHHABHAI JAPDA Versus ANISALI AHMED ALIAS NAJARMAHAMMAD MAKRANI ========================================================== Appearance:

for the PETITIONER(s) No. MR.HIREN M MODI for the PETITIONER(s) No. MS KARUNA V RAHEVAR for the RESPONDENT(s) No. RULE SERVED 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 N.V.ANJARIA)

Appellant herein is original claimant who has sought to prefer the First Appeal against judgment and award of the Motor Accident Claims Tribunal , Junagadh. In preferring the said appeal delay of 395 days have taken place, which in this application is prayed to condoned.

2. The delay is sought to be explained by stating that certified copy of the judgment and award dated 29.8.2017 was applied on 19.9.2017 and the same was obtained on 10.10.2017. It was stated that after the award was passed, the applicant appellant contacted learned advocate and he was advised him to prefer the appeal. It is the case that the appellant could not afford the expenses and stamp fee etc. for preferring the appeal. Therefore, he waited till the amount of compensation was deposited by

C/FA/453/2019 IA ORDER

the insurance company. According to the applicant, it is due to this reason that 395 days passed by resulting into such delay.

3. While explanation furnished is not much palatable, since the claimant is here for enhancement, we take lenient view to treat the reasons as bona fide and hold that they make out sufficient cause. However, at the same time in order to balance rights of the parties, it will be proper if while condoning the delay, the applicant claimant is made to forge the interest for the delayed period of 395 days.

4. Accordingly, the prayer to condone the delay is accepted, however, on the condition that the applicant claimant shall not be entitled to interest for the delayed period in the event compensation amount is enhanced.

5. Civil Application stands disposed of. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI