The State Of Gujarat vs M/S. M.A. Engineers
2021 Latest Caselaw 6044 Guj

      C/CA/2941/2020                                 ORDER DATED: 15/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 2941 of 2020

                       In F/SECOND APPEAL NO. 22525 of 2020

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                        THE STATE OF GUJARAT & 1 other(s)
                                     Versus
                              M/S. M.A. ENGINEERS
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Appearance:
MS NIDHI VYAS, AGP (1) for the Applicant(s) No. 1,2
for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1.1,1.2,1.3,1.4
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 15/06/2021

                                  ORAL ORDER

Heard learned Assistant Government Pleader Ms.Nidhi Vyas for the applicants.

1.2 Rule is served to the respondents, however, none has chosen to appear.

2. The applicant State has filed this application seeking to condone delay of 491 days which has occurred in preferring the appeal against the judgment and order dated 18.1.2018 passed by the 3rd Additional Senior Civil Judge, Vadodara in Special Civil Suit No.383 of 1993. The suit was filed by the respondents- claimants for recovery of the amount.

3. The certified copy was applied on 2.11.2018 which was within three months. Thereafter, the file is stated to have been processed in the hierarchy of authorities for legal opinion and for final decision to prefer the Second Appeal. The opinion from

C/CA/2941/2020 ORDER DATED: 15/06/2021

the District Government Pleader was received on 17.9.2019 and Legal Department granted permission on 13.1.2020. Thereafter, it is stated, documents were obtained and the appeal was filed.

4. Since the applicant is Government authority, consumption of time in the decision making process is inherent to an extent. The reasons for delay are attributable to the administrative procedure therefore element of deliberateness in occurrence of delay cannot be read into.

5. Sufficient cause is made out. At the same time, looking to the length of the delay of 491 days, cost of Rs.2,500/- is imposed on the applicant- State.

6. Resultantly, this application is allowed by condoning delay of 491 days on condition that the applicant State shall pay the cost of Rs.2,500/- by depositing the amount with the Gujarat State Legal Services Authority and the receipt shall be produced on the record of the Second Appeal.

7. The Second Appeal shall be listed for hearing within ten days thereafter.

Rule is made absolute.

(N.V.ANJARIA, J) Manshi