Jagatsinh Kalusinh Rathod vs Divyeshkumar Shankarlal Sangada
2021 Latest Caselaw 2369 Guj

        C/FA/24214/2020                                            IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2020
              In F/FIRST APPEAL NO. 24214 of 2020
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JAGATSINH KALUSINH RATHOD Versus DIVYESHKUMAR SHANKARLAL SANGADA ========================================================== Appearance:

for the PETITIONER(s) No. NISHIT A BHALODI for the PETITIONER(s) No. SERVED BY AFFIX(N) for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 15/02/2021 IA ORDER

1. Heard Mr. Nishit A. Bhalodi, learned advocate for the applicant.

2. By this application, the applicant has prayed for condonation of delay of 257 days which has occurred in preferring the first appeal.

3.It is stated that the judgment/award was pronounced on 4.5.2019. The applicant applied for certified copy on 14.5.2019 and it was received on 31.5.2019. The advocate appearing before the learned Tribunal informed about pronouncement of the judgment/award on 24.11.2019. The applicant got the Vakalatnama signed on 18.12.2019. Copies of the documents were sent to the advocate appearing before the High Court on 6.1.2020. The advocate

C/FA/24214/2020 IA ORDER

opined for filing of the appeal on 24.1.2020. The advocate of the High Court sent application for condonation of delay for affidavit on 12.3.2020. Meanwhile lockdown was declared due to Covid­19. Therefore, affidavit was executed on 1.10.2020.

4. Going through the contents of the application this Court is of the view that the delay is not intentional and is required to be condoned. Accordingly, the delay of 257 days which has occurred in instituting the first appeal is condoned. The application is allowed. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED