Ajay Prafulbhai Gohil vs Sajidahmad Abdulhamid Vohra
2021 Latest Caselaw 3724 Guj

       C/CA/1393/2020                                                   ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CIVIL APPLICATION NO. 1393 of 2020
          In F/FIRST APPEAL NO. 8136 of 2020
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                AJAY PRAFULBHAI GOHIL
                        Versus
             SAJIDAHMAD ABDULHAMID VOHRA
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Appearance:
MR NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                         Date : 03/03/2021

                                ORAL ORDER

1. Heard learned Advocate Mr. Nishit A. Bhalodi on behalf of the applicant. Learned Advocate Mr. Rathin P. Raval on behalf of the respondent No.2. Though served, nobody appears for the respondent No.1.

2. By way of this application, the applicant prays for condoning delay of 263 days which has occurred in filing First Appeal challenging the judgment and order dated 2nd January, 2019 passed by the learned Motor Accident Claims Tribunal (Auxi.) at Nadiad in Motor Accident Claims Petition No.532 of 2016. It is submitted by learned advocate for the applicant that after the applicant came to know about the pronouncement of impugned judgment by the learned Tribunal, he had collected the papers

C/CA/1393/2020 ORDER

from the concerned advocate and he had to arrange expenses for filing of the present appeal and the delay has occurred on account of the same and whereas he submits that there is no deliberate delay or negligence on the part of the present applicant.

3. As against the same, learned advocate Mr. Rathin P. Raval vehemently opposed his application submitting that the delay may not condone by this Court.

4. Considering the averments made in the application and considering the submissions made by learned Advocate Mr. Bhalodi, delay of 263 days which has occurred in filing First Appeal challenging the judgment and order dated 2nd January, 2019 passed by the learned Motor Accident Claims Tribunal (Auxi.) at Nadiad in Motor Accident Claims Petition No.532 of 2016 is condone. Rule made absolute to the aforesaid extent.

(NIKHIL S. KARIEL,J)

Pallavi