Kutbuddin Mohsinali Bhatia vs Ramlalji Babuji
2021 Latest Caselaw 3723 Guj

         C/CA/2093/2020                                              ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CIVIL APPLICATION NO.                     2093 of 2020

            In F/FIRST APPEAL NO. 19244 of 2020

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             KUTBUDDIN MOHSINALI BHATIA
                        Versus
                   RAMLALJI BABUJI
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Appearance:
MR CHETANKUMAR K SHAH(7364) for the Applicant(s) No.1
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 03/03/2021
                               ORAL ORDER

1. Heard learned Advocate Mr. Chetankumar K. Shah on behalf of the applicant. Learned Advocate Mr.Alkesh N. Shah on behalf of the respondent No.3­Insurance Company. Though served, none appears for the respondent Nos.1 and 2.

2. By way of this application, the applicant prays for condoning delay of 294 days which has occurred in preferring first appeal challenging the judgment and order dated 15th February, 2018 passed by the learned Motor Accident Claims Tribunal (Main) Dahod in Motor Accident Claims Petition No.202 of 2007.

3. Learned Advocate Mr. Shah appearing on behalf of the applicant submits that after the judgment

C/CA/2093/2020 ORDER

had been delivered by the learned Tribunal, the learned advocate appearing on behalf of the present appellant had applied for the certified copy and thereafter had tried contacting the applicant but the applicant was unreachable. It is submitted by learned advocate that it is only after the applicant had written a letter to the applicant that he had contacted the learned advocate appearing on his behalf before the learned tribunal and whereas the present applicant was advised to prefer an appeal before this Court. Learned Advocate further submits that even after the same, some delay has occurred on account of the applicant trying to arrange funds for paying the Court fees. He therefore submits that delay was purely unintentional and whereas delay would not in any way unduly help the present applicant. In view of the same, he had requested this court time to condone the delay of 294 days.Learned advocate Mr. Shah has further submitted that if this Court whereof the opinion that delay could be condoned subject to such a stringent conditions including condition of waving of interest for the said period, the applicant would not have any objection.

4. This application has been opposed by learned Advocate Mr. Alkesh Shah who submits that the delay has not been sufficiently explained and whereas he submits that delay is grossed and

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therefore, this Court may not condone the delay.

5. Considering the fact that delay is of 294 days and further considering the submissions made on behalf of the learned advocate for the applicant and considering the averments made in the application, this Court is of the opinion that delay may be condoned subject to the condition that for the period in question the applicant shall waives his rights to claim interest upon the enhanced compensation, if awarded for the delay period of 294 days as concluded by the learned advocate for the applicant.

6. Considering the same, delay of 294 days which has occurred in preferring first appeal challenging the judgment and order dated 15th February, 2018 passed by the learned Motor Accident Claims Tribunal (Main) Dahod in Motor Accident Claims Petition No.202 of 2007 is condoned. Subject to the condition that the applicant shall not be entitled to claim interest for the said period of 294 days on enhanced compensation if granted. With the above observation the application stands allowed.

(NIKHIL S. KARIEL,J)

Pallavi