State Of Gujarat vs Dipikaben Dhanjibhai Parmar
2021 Latest Caselaw 3850 Guj

         C/CA/149/2020                                  ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 149 of 2020

          In F/LETTERS PATENT APPEAL NO. 33358 of 2019

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                           STATE OF GUJARAT
                                 Versus
                     DIPIKABEN DHANJIBHAI PARMAR
==========================================================
Appearance:
MS MAITHILI MEHTA, ASST. GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                           Date : 05/03/2021

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is an application under Section 5 of the Limitation Act

for condonation of delay where the delay caused for preferring

Letters Patent Appeal is 196 days.

2. The applicant is the State of Gujarat which has given the

details as to why after the judgment and order passed on

26.02.2019, the delay has been caused. According to it, the

proposal was sent to prefer an appeal to the applicant no.1 on

14.05.2019. A communication was sent by the applicant no.2 to

the office of Government Pleader to seek legal opinion and on

C/CA/149/2020 ORDER

29.05.2019 and 17.06.2019, the clarifications were sought for. It

was thereafter, decided to prefer the appeal.

3. After receiving the legal opinion, the proposal was sent to

the applicant no.1 by the applicant no.2 and then it was sent on

17.07.2019 by the applicant no.1 to the legal department. The

applicant no.2 requested and reminded the applicant no.1 on

21.08.2019 seeking approval to challenge the judgment.

4. The contempt petition was also preferred in the meantime

being Misc. Civil Application No. 764 of 2019 seeking

implementation of the judgment and order and eventually the

sanction is granted by the legal department on 21.09.2019 to

prefer the appeal and hence, the delay.

5. Both the sides have argued at length. We noticed the

genuineness of the grounds in causing the delay which has been

explained sufficiently.

6. Without entering into further details at this stage, as the

case espoused has not attained finality, we are inclined to

condone the delay of 196 days in preferring the appeal and allow

the present application.

7. The present application is allowed. The appeal is directed

C/CA/149/2020 ORDER

to numbered and place before this Court since it has been finally

heard and the judgment shall be delivered on 26.03.2021.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) Bhoomi