Mahobatsinh Chhatrasinh Chauhan vs Hitabhai Vajibhai Nisarta
2021 Latest Caselaw 2076 Guj

          C/CA/2370/2020                                   ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2370 of 2020
                                   In
                    F/FIRST APPEAL NO. 21644 of 2020

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                 MAHOBATSINH CHHATRASINH CHAUHAN
                               Versus
                     HITABHAI VAJIBHAI NISARTA
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Appearance:
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
MR JAPAN V DAVE(5947) for the Respondent(s) No. 2
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 3
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 11/02/2021
                              ORAL ORDER

Heard learned advocate Mr.R.G.Dwivedi for the applicant.

This application is filed for condoning the delay of 47 days occurred in filing the First Appeal.

Learned advocate for the applicant has stated that after obtaining certified copy of the judgment and award the applicant contacted an advocate and advised to challenge the impugned judgment and award since the compensation awarded is on lower side and hence, the applicant sought advocate's opinion for preferring First Appeal, who in turn instructed the applicant to approach present advocate. He has submitted that thereafter the present advocate asked the applicant to provide certified copy of the impugned judgment and award and also manage fund for payment of court fee. He has submitted that thereafter on 25.12.2019 the applicant visited office of present advocate and handed

C/CA/2370/2020 ORDER

over all the papers to the present advocate. He has also submitted that due to financial constrains and non deposition of awarded amount with the Tribunal in time by the respondents and due to COVID-19 pandemic and lockdown, the applicant could not manage the fund within stipulated time. He has submitted that on 28.09.2020 the applicant complied with necessary unavoidable requirements then only first appeal has been filed through the present advocate.

The explanation rendered by the learned advocate for the applicant deserves consideration. Accordingly, the delay of 47 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