Puriben Hirjibhai Alias ... vs Shantilal P Marand
2021 Latest Caselaw 8053 Guj

       C/CA/3457/2019                                 ORDER DATED: 08/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 3457 of 2019

                        In F/FIRST APPEAL NO. 22650 of 2019

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PURIBEN HIRJIBHAI ALIAS VIRJIBHAI KHOKHAR WD/O LATE HIRJIBHAI
               ALIAS VIRJIBHAI NATHU KHOKHAR
                             Versus
                     SHANTILAL P MARAND
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3,4
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 3,4
RULE UNSERVED(68) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 08/07/2021

                                   ORAL ORDER

Heard learned advocate Mr. Hemal Shah for the applicants and learned advocate Mr. Rathin Raval for the respondent No.2 insurance company. Rule is served on respondent Nos. 3 and 4, but none appears.

2. Respondent No.1 is the owner, who is unserved. Learned advocate for the applicants, however, stated that since insurance company is appearing the said respondent may be deleted for the purpose of this application as not necessary party. Accordingly, the said respondent is deleted at the risk and consequence of the applicants.

3. It is to condone the delay of 120 days, which is correctly calculated, that the present application is filed.

4. The delay has occurred in preferring the First Appeal, which has been filed by the claimants being dissatisfied by the quantum of

C/CA/3457/2019 ORDER DATED: 08/07/2021

compensation awarded by the Claims Tribunal.

5. Explaining the passage of time leading to delay as above, it is stated that the advocate at the trial court level applied certified copy of the judgment and award on 15.1.2019, which became ready for delivery on 31.1.2019 and the same was received on 4.2.2019.advocate of the applicants sent communication after judgment and award was passed on 11.1.2019, but the same was not received by the applicants. It is stated that learned advocate at the trial court had to send a special messenger to village Ramnagari, Taluka Bhuj, Kutch and that is how the communication could be established. Preparation was undertaken to file appeal to challenge the judgment and award. It is in this process that the delay of 120 days has occurred.

6. The delay could not be said to be deliberate. No litigant would while away time for the sake of whiling away when he intends to enforce his rights in court of law.

7. The reasons given in this application, explain the delay to make out sufficient cause. Delay is condoned. Civil Applications stands allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI