Suryakant Ratilal Baldaniya vs Salimbhai Musabhai Mandhra
2021 Latest Caselaw 4261 Guj

         C/CA/2110/2020                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 2110 of 2020

                   In F/FIRST APPEAL NO. 19406 of 2020

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             SURYAKANT RATILAL BALDANIYA & 2 other(s)
                            Versus
             SALIMBHAI MUSABHAI MANDHRA & 4 other(s)
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Appearance:
MR R.K.MANSURI(3205) for the Applicant(s) No. 1,2,3
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4
RULE UNSERVED(68) for the Respondent(s) No. 5
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 16/03/2021

                             ORAL ORDER

1. Heard learned advocate Mr. R. K. Mansuri on behalf of the

applicants. Though served, nobody appears for respondents

No.1 to 3. So far as respondents No.4 and 5 are concerned,

nobody appears for respondent No.4 and so far as respondent

No.5 is concerned, rule is unserved.

2. Learned advocate Mr. Mansuri draws the attention of this

Court to the fact that respondents No. 4 and 5 have been

exonerated by the learned Tribunal. In view of the same, he

submits that the delay be condoned even in absence of

respondents No. 4 and 5.

C/CA/2110/2020 ORDER

3. Heard learned advocate Mr. Mansuri on behalf of the

applicant. It is submitted that the delay had occurred on

account of the fact that the applicants had sought legal advice

after the impugned judgment and award been passed by the

learned Tribunal and whereas it is also contended that delay

has not unjustly held the present applicants in any manner

whatsoever the same would not prejudice to the present

respondents in any manner.

4. Considering the submissions made by the learned

advocate Mr. Mansuri and considering the averments made in

the application, this Court is of the opinion that reasonable

cause for condoning the delay has been made out. In view

thereof, delay of 270 days in preferring appeal against

judgment and award dated 08.03.2019 passed by the learned

MACT (Main) Sabarkantha at Himatnagar, is hereby condoned.

Civil application is disposed of as allowed. Rule is made

absolute accordingly.

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