Gujarat State Road Transport ... vs Lh Of Monti Alias Eldof Sadgunbhai ...
2021 Latest Caselaw 3942 Guj

         C/CA/211/2021                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 211 of 2021

                  In F/FIRST APPEAL NO. 27195 of 2020

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         GUJARAT STATE ROAD TRANSPORT CORPORATION
                             Versus
         LH OF MONTI ALIAS ELDOF SADGUNBHAI MEKWAN
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Appearance:
MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR A R DWIVEDI(11319) for the Respondent(s) No. 1.1,1.2
MR R G DWIVEDI(6601) for the Respondent(s) No. 1.1,1.2
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 08/03/2021

                             ORAL ORDER

1. Heard learned advocate Mr. Rituraj Meena on behalf of

the applicant and learned advocate Mr. R. G. Dwivedi on behalf

of the respondents no. 1.1 and 1.2 through video conference.

2. Though served, nobody appears for respondent No.2.

3. By way of this application, the applicant prays for

condonation of delay of 167 days which has occurred in filing

First Appeal challenging the judgment and award dated

30.04.2019 passed in MACP No No.1324/2011 by the Motor

Accident Claim Tribunal at Vadodara.

C/CA/211/2021 ORDER

4. Learned advocate Mr. Meena submits that after having

obtained the certified copy, the applicant herein had sought for

legal advice whereas there is also some administrative delay

which has also led to delay of 167 days. He therefore, submits

that the delay may be condoned by this court.

5. Mr. R. G. Dwivedi strongly opposes this application.

No appropriate reasons have been made out.

6. Considering the submission made by the learned

advocate for the applicant that the delay is occurred on

account of taking of legal opinion and further since the

applicant herein is a statutory body and some part of the delay

is attributable to the administrative process carried out by the

applicant, therefore, this court is of the opinion that reasonable

cause has been made out for condoning delay. Therefore, the

delay of 167 days in preferring appeal is hereby condoned.

Rule is made absolute to the aforesaid extent.

Civil application stands disposed of.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN