Tadvi Parshotambhai Mohanbhai vs Dineshbhai Melabhai Nayak
2021 Latest Caselaw 1741 Guj

        C/CA/2357/2020                                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL APPLICATION NO.                   2357 of 2020

              In F/FIRST APPEAL NO. 21091 of 2020

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                  TADVI PARSHOTAMBHAI MOHANBHAI
                              Versus
                    DINESHBHAI MELABHAI NAYAK
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 05/02/2021

                               ORAL ORDER

1. Heard Mr. Nishit A. Bhalodi, learned advocate for the applicant. Though served, none appears for the respondents.

2. By way of the present application, the applicant has prayed for condonation of delay of 284 days occurred in preferring the appeal.

3. At the outset, Mr. Nishit A. Bhalodi, learned advocate for the applicant, on instructions, states that as the delay is of 284 days, the applicant shall forgo interest of 84 days out of 284 days of delay. Mr. Bhalodi, learned advocate for the applicant further states that the applicant was informed about the judgment and award passed by the Tribunal on 24.04.2019. He also states that the applicant had to collect necessary papers from the concerned advocate and to manage funds for fees and other expenses for

C/CA/2357/2020 ORDER

filing of the appeal before the High Court, some time has been consumed. Therefore, there is delay of 284 days in preferring the appeal.

5. The reasons for delay explained in paragraphs 3, 4 and 5 requires consideration. Accordingly, the delay of 284 days occurred in filing the appeal is condoned. However, as stated by Mr. Bhalodi, learned advocate for the applicant, the applicant shall forgo interest of 84 days out of 284 days of delay.

6. The present application is allowed to the aforesaid extent. Rule is made absolute in the above terms.

(VAIBHAVI D. NANAVATI,J)

NEHA