Desai Bharatbhai Nagjibhai vs Khokhar Mahmadbhai Yarmahmad
2021 Latest Caselaw 3548 Guj

        C/FA/18831/2019                                     IA ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of
                           2021
            In F/FIRST APPEAL NO. 18831 of 2019
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DESAI BHARATBHAI NAGJIBHAI Versus KHOKHAR MAHMADBHAI YARMAHMAD ========================================================== Appearance:

MR KAMLESH S KOTAI for the PETITIONER(s) No. for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 26/02/2021

IA ORDER

Heard learned advocate Mr. Kamlesh Kotai for the applicant.

Rule.

By way of the present application, the applicant has prayed for condone the delay of 179 days in filing the present civil application for delay in restoring the First Appeal (Filing) No. 18831 of 2019.

Learned advocate for the applicant has stated that the impugned judgment and award was passed by the learned Tribunal on 12.03.2019. He has further stated that the main First Appeal was listed before the Hon'ble Court (Coram: Hon'ble Mr.Justice Bhargav Karia) for removal of office objections on 09.07.2019. The Hon'ble Court was pleased to permit the applicant to remove the office objections on or before 19.08.2019, failing which the First Appeal would stand dismissed for non- prosecution. Learned advocate for the applicant has stated that the office

C/FA/18831/2019 IA ORDER

objections could not be removed within the prescribed time limit and the matter was dismissed for non-prosecution at admission stage. It is further stated by learned advocate for the applicant that the applicant is a poor and there were certain office objections with regards to translation and supply certain documents properly but the applicant could not comply with the same and therefore, the appeal was dismissed for non- prosecution. Learned advocate for the applicant has stated that since there was lockdown across the country due to global pandemic because of Corona Virus, the applicant was unable to remove office objections within stipulated time and the first appeal was dismissed for non prosecution. The explanation rendered by the learned advocate for the applicant requires consideration.

Accordingly, the delay of 179 days occurred in filing the civil application for delay in restoring the Misc. Civil Application 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) VARSHA DESAI