Indian Farmanja Through Manager vs Bharatbhai Dudhabhai Makwana ...
2021 Latest Caselaw 4255 Guj

        C/CA/2538/2020                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CIVIL APPLICATION NO. 2538 of 2020

                  In F/FIRST APPEAL NO. 11005 of 2020

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            INDIAN FARMANJA THROUGH MANAGER
                          Versus
        BHARATBHAI DUDHABHAI MAKWANA ALIAS RATHOD
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Appearance:
MR ATIT D THAKORE(5290) for the Applicant(s) No. 1
DS AFF.NOT FILED (R)(71) for the Respondent(s) No. 2
MR.SHASHIKANT PARMAR(6346) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 16/03/2021

                            ORAL ORDER

1. Heard learned advocate Mr. Kunal Shah on behalf of the

applicant and learned advocate Mr. Shashikant Parmar on

behalf of respondent No.1.

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

condoning delay of 87 days which is occurred in filing First

Appeal challenging judgment and award passed by learned

Workman Compensation Commissioner-cum-Labour Court

dated 21.10.2019 in W.C. (Non Fatal) Case No.5/2006.

3. Considering the averments made in the application and

C/CA/2538/2020 ORDER

considering the submissions made by the learned advocate on

behalf of the applicant that the applicant was not aware

immediately upon the award having been passed against him

and whereas it is only after passage of some time that he

came to know about the same and thereafter he has taken all

reasonable steps to have the award complied with, that the

delay of 87 days is occurred.

4. Learned advocate further points out that he has already

deposited an amount of Rs.1,12,500/- which is his share of the

liability with the learned Commissioner, Workmen's

Compensation Act and therefore also, he requests that this

Court may condone the delay of 87 days.

5. In view of the submissions made by the learned advocate

for the applicant and the averments made in the application,

this Court is of the opinion that reasonable cause has been

made out to condone delay of 87 days. Hence the delay of 87

days caused in preferring First Appeal challenging judgment

and award passed by learned Workman Compensation

Commissioner-cum-Labour Court dated 21.10.2019 in W.C.

(Non Fatal) Case No.5/2006 is hereby condoned. Civil

Application is disposed of as allowed. Rule is made absolute

C/CA/2538/2020 ORDER

accordingly.

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