Gujarat State Road Transport ... vs Akshaykumar Madhavjibhai
2021 Latest Caselaw 7003 Guj

        C/CA/522/2020                                ORDER DATED: 25/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 522 of 2020

                        In F/FIRST APPEAL NO. 39027 of 2019

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             GUJARAT STATE ROAD TRANSPORT CORPORATION
                               Versus
                     AKSHAYKUMAR MADHAVJIBHAI
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Appearance:
MS VYOMA K JHAVERI(6386) for the Applicant(s) No. 1
MR. HEMAL SHAH(6960) for the Respondent(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 3,4
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 25/06/2021

                                   ORAL ORDER

Heard learned advocate Ms. Vyoma Jhaveri for the applicant and learned advocate Mr. Hemal Shah for the original claimants-the respondents herein. Other respondents are served, but have chosen not to appear.

2. Delay of 94 days has taken place at the end of the applicant Corporation in preferring the First Appeal against the judgment and award of the Claims Tribunal impugned in the First Appeal.

3. Delay is explained by stating that after the deliverance of the judgment and award on 20.5.2019, certified copy was applied on 22.5.2019 as could be seen from the certified copy forming part of the papers of the present Civil Application. Thereafter, legal opinion was sought which process consumed some time resulting into delay of 94 days.

C/CA/522/2020 ORDER DATED: 25/06/2021

4. The passage of time is thus attributable to administrative procedure and decision making steps required to be undertaken by the Corporation.

4. Sufficient cause is made out to condone the delay of 94 days. Accordingly, delay is condoned. Civil Application stands allowed. Rule is made absolute.

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