The State Of Gujarat vs Shah Kalpesh Kanubhai
2021 Latest Caselaw 1205 Guj

          C/CA/3059/2020                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 3059 of 2020
                                  In
             F/LETTERS PATENT APPEAL NO. 15595 of 2020

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                            THE STATE OF GUJARAT
                                    Versus
                           SHAH KALPESH KANUBHAI
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Appearance:
MS SHRUTI PATHAK, AGP for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS MAMTA R VYAS(994) for the Respondent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                               Date : 27/01/2021

                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1 We have heard Ms. Shruti Pathak, learned Assistant Government Pleader for the State appellants and Ms. Mamta Vyas, learned counsel appearing for the respondent in the delay condonation matter.

2 According to the Stamp Reporter there is a delay of 165 days in filing the appeal. In its usual form the State has given reasons for the delay being caused due to administrative reasons regarding movement of file from one department to another.

3 On the other hand, in the affidavit in reply filed on behalf of respondents, it has been contended that the

C/CA/3059/2020 ORDER

copy of the judgment and order dated 24.01.2020 was supplied to the Commissioner, Secondary Education along with the covering letter dated 01.02.2020 and received in the office on 04.02.2020. It is also submitted that again in the contempt matter filed by the opposite respondent, an order was passed on 26.06.2020 granting four weeks time to the State to file Letters Patent Appeal. But still the State did not file the Letters Patent Appeal within time and proceeded to file Letters Patent Appeal on 06.08.2020. Ms. Vyas, therefore, contends that the delay having not been satisfactorily explained, in view of sufficient knowledge to the Department well within time, the delay condonation application deserves to be rejected.

4 On the other hand, Ms. Shruti Pathak, learned Assistant Government Pleader submitted that the delay has been adequately and satisfactorily explained and as such the same may be condoned.

5 Without going into the facts as stated in the affidavit filed along with the delay condonation application or the affidavit in reply filed by the respondent, it is admitted to the parties that the opinion was given by the Government Pleader Officer to the Government to file Letters Patent Appeal on 19.03.2020 and thereafter the State took almost 5 months to file the appeal. It is common knowledge and the Court takes cognizance of the fact that it was around that time only i.e. third week of March that on account of the pandemic of COVID-19, everything was shout down, the courts were closed, the offices of the

C/CA/3059/2020 ORDER

Government Pleader were closed which lie within the campus of the High Court premises. Even the Government offices except for essential services were also closed and complete lock-down had been imposed which had continued for couple months and thereafter gradually things started moving. So delay of couple of months in our considered opinion would not make the explanation tendered to be completely unsatisfactory. In fact, lock-down was still continuing in the month of August, but nevertheless the State has preferred the appeal on 06.08.2020. We find that the State has been diligent in filing the appeal and we accordingly allow this application and condone the delay.

6 Office may register the appeal on regular side.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM