Bharakumar Maganbhai Jadav vs Mahammadbhai Ismailbhai Shaikh
2021 Latest Caselaw 4618 Guj

          C/CA/2358/2020                                ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO. 2358 of 2020
                               In
                 F/FIRST APPEAL NO. 19778 of 2020

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                    BHARAKUMAR MAGANBHAI JADAV
                              Versus
                   MAHAMMADBHAI ISMAILBHAI SHAIKH
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Appearance:
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
MS SEJAL K MANDAVIA(436) 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 : 23/03/2021

                            ORAL ORDER

1. Heard learned advocate Mr. R.G.Dwivedi on behalf of the applicant and learned advocate Ms. Neha Kayastha on behalf of learned advocate Ms. Sejal Mandavia for respondent No.2­ Gujarat State Road Transport Corporation.

2. By way of this Application, the applicant prayed for condoning delay of 329 days which has occurred in filing the First Appeal challenging the judgment and award dated 19.12.2018 passed by learned M.A.C.T (Auxi.), Vadodara in MACP No. 1205 of 2015.

3. The present application is strongly opposed by respondent No.2 State Transport Corporation and an affidavit has been filed by the Corporation opposing the grant of the present application. Perusal of the said affidavit also reveals that the Corporation has clearly stated that if the applicant would waive his right by not

C/CA/2358/2020 ORDER

claiming interest for the interest amount for the period of delay caused in filing the Appeal, they will not have any objection is the delay is condoned.

4. Thus, it appears that while the ostensible reason for objecting is to ensure that ultimately the Corporation may not be saddled with interest for the period of delay.

5. As regards the same, learned advocate Mr. Dwivedi for the applicant submits that this Court may fix a period as deemed fit and proper by this Court, for which the applicant may not be entitled to interest upon enhanced amount if any and whereas the applicant would accept and abide by the same.

6. Considering the submissions of the learned advocates for the parties and considering the averments made in the application, this Court deems its fit to condone the delay of 329 days which has occurred in filing the First Appeal challenging the judgment and award dated 19.12.2018 passed by learned M.A.C.T (Auxi.), Vadodara in MACP No. 1205 of 2015 on condition that the applicant­Appellant would forgo interest upon enhanced amount if any for a period beyond 150 days from the date of passing of the impugned judgment and award.

7. With these observations and directions, the present application stands allowed. The delay is condoned.

(NIKHIL S. KARIEL,J) SAJ GEORGE