General Manager Ongc vs Patel Lalbhai Naranbhai
2021 Latest Caselaw 2437 Guj

           C/CA/4057/2019                                    ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 4057 of 2019

                     In F/FIRST APPEAL NO. 34627 of 2019

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                            GENERAL MANAGER ONGC
                                     Versus
                            PATEL LALBHAI NARANBHAI
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Appearance:
MR AKSHAT KHARE(5912) for the Applicant(s) No. 1
MRS SUMAN KHARE(2226) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 16/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocates appearing for the respective parties.

2. The applicant has preferred this application seeking to condone delay of 116 days which has occurred in preferring Appeal against common judgment and order dated 14.2.2019 passed by learned Principal Senior Civil Judge, Kalol in Land Reference Case No.29 of 2011.

3. After the judgment was passed on 14.2.2019, certified copy was immediately applied on 19.2.2019, which was delivered on 7.5.2019, whereafter the same was forwarded to the advocate who in turn forwarded the papers to the Legal Department and

C/CA/4057/2019 ORDER

the Legal Department finally decided to prefer the appeal.

4. The applicant­ appellant is Corporation. Decision making process therein necessarily consumes time. Passage of time resulting into delay of 116 days is to be viewed in that context with some leniency.

5. It could not be said that sufficient cause is not made out. Resultantly, delay of 116 days is condoned. The present application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi