Irfan Suleman Bloch vs Manek Lalbha Aalabha
2021 Latest Caselaw 1750 Guj

         C/CA/2815/2020                                              ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL APPLICATION NO.                 2815 of 2020

               In F/FIRST APPEAL NO. 25272 of 2020

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                           IRFAN SULEMAN BLOCH
                                  Versus
                          MANEK LALBHA AALABHA
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 6
RULE NOT RECD BACK(63) for the Respondent(s) No. 1,2,4
RULE SERVED(64) for the Respondent(s) No. 5
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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. Learned advocate appearing for the respective parties waives service of notice of rule.

2. By way of the present application, the applicant has prayed for condonation of delay of 487 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 487 days, the applicants shall forgo interest of 287 days out of 487 days of delay. Mr. Bhalodi states that the applicant was informed about the pronouncement of judgment and award on 18.10.2018. The applicant thereafter decided to file an appeal before the High Court but he could

C/CA/2815/2020 ORDER

not arrange funds for fees and other expenses for filing of the appeal. He further states that after disbursement of the amount on 29.02.2020 which was deposited by the respondents before the tribunal, certified copies were sent to the High Court advocate on 06.03.2020 for filing of the appeal. Thereafter, the appeal has been filed. Therefore, there is delay of 487 days in filing of the appeal.

5. The reasons for delay explained in paragraphs 2, 3, 4 and 5 requires consideration. Accordingly, the delay of 487 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 287 days out of 487 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