Jinabhai Savjibhai Dabhi vs Hasmukhbhai Dhirubhai Baraiya
2021 Latest Caselaw 1748 Guj

          C/CA/3652/2019                                           ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO.                3652 of 2019

                In F/FIRST APPEAL NO. 29234 of 2019

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                       JINABHAI SAVJIBHAI DABHI
                                 Versus
                    HASMUKHBHAI DHIRUBHAI BARAIYA
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 2
NOTICE UNSERVED(8) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 05/02/2021

                                ORAL ORDER

1. Heard Mr. Hemal Shah, learned advocate for the applicants. Mr. Rathin P. Raval, learned advocate appears for the respondent no.2 and accordingly, waives service of notice.

2. By way of the present application, the applicants have prayed for condonation of delay of 485 days occurred in preferring the appeal.

3. At the outset, Mr. Hemal Shah, learned advocate for the applicants, on instructions, states that as the delay is of 485 days, the applicants shall forgo interest of 285 days out of 485 days of delay. Mr. Shah states that the delay has mainly occurred because the applicants were informed about the judgment and award passed by the Tribunal, however, they were not aware about the procedure for filing of the appeal in the High Court. He also states that

C/CA/3652/2019 ORDER

only after six months, the applicants took advice and opinion of their well wishers and thereafter, decided to file the appeal. He further states that the delay has also occurred because of arrangement of funds for filing of the appeal.

5. The reasons for delay explained in paragraphs 4, 5 and 6 requires consideration. Accordingly, the delay of 485 days occurred in filing the appeal is condoned. However, as stated by Mr. Shah, learned advocate for the applicants, the applicants shall forgo interest of 285 days out of 485 days of delay.

6. The present application is allowed to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J)

NEHA