State Of Gujarat Through Chief ... vs Jivtiben Keshavbhai
2021 Latest Caselaw 913 Guj

          C/CA/3082/2019                                    ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/CIVIL APPLICATION NO. 3082 of 2019

                     In F/FIRST APPEAL NO. 27407 of 2019

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           STATE OF GUJARAT THROUGH CHIEF SECRETARY
                              Versus
                      JIVTIBEN KESHAVBHAI
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Appearance:
MS. DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 3,4,5
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 2
VMP LEGAL(7210) for the Respondent(s) No. 1,3,4,5
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 20/01/2021

                        ORAL ORDER

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

Heard learned Assistant Government Pleader Ms. Dhwani Tripathi for the applicant and learned advocate Mr. Harshrajsinh Vaghela for VMP Legal for the respondent Nos. 1,3,4 and 5.

2. The captioned application is filed seeking to condone delay of 274 days. The applicant is State who has preferred the first appeal in which delay has occurred. It is stated that delay took place in the decision making process since the final stage of preferring appeal could be reached only after the file travelled through hierarchy in the department at different levels.

3. Since the State is an impersonate body and procedural aspects are

C/CA/3082/2019 ORDER

needed to be observed in arriving at decision to challenge the judgment in the higher court, the delay is to be viewed in that context. Certain leeway in such cases is not impermissible.

4. In the facts of the case, delay could be said to have been making out a sufficient cause. Accordingly delay is condoned.

5. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI