Gujarat High Court
Patel Dahyabhai Nanjibhai vs State Of Gujarat Through Deputy ... on 15 November, 2021
Bench: A.G.Uraizee
C/CA/1768/2021 ORDER DATED: 15/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1768 of 2021
In F/FIRST APPEAL NO. 4732 of 2021
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PATEL DAHYABHAI NANJIBHAI
Versus
STATE OF GUJARAT THROUGH DEPUTY COLLECTOR
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,2
MR MANRAJ BAROT AGP (99) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 15/11/2021
ORAL ORDER
1. Heard Mr. Manish Shah, learned advocate for the
applicant and Mr. Manraj Barot, learned AGP for the
respondent.
2. The present application under Section 5 of the
Limitation Act is preferred to condone the delay of 2649
days which has occurred in preferring First Appeal to
assail the impugned judgment and award of the
Reference Court.
3. Mr. Shah, learned advocate for the applicant
submits that in cognate appeal, the co-ordinate bench of
this Court has condoned delay of 2621 days by assigning
detailed reasons. He further submits that in this
application as well the applicant is ready and willing to
C/CA/1768/2021 ORDER DATED: 15/11/2021
file an undertaking on oath to indicate his readiness and
willingness to forgo the interest for the period of delay.
He submits that the applicant shall file an undertaking to
this effect in the registry of this Court within a period of
two weeks after this order is available.
4. Mr. Manraj Barot, learned AGP strongly opposes this
application. As according to his submission, the delay is
very huge. He submits that the cause which is shown in
the present application for condoning delay is not
sufficient cause and therefore, he urges that the delay
may not be condoned.
5. I have considered the rival submissions of the
learned advocate and learned AGP and perused the
record.
6. The co-ordinate bench of this Court vide order dated
20.10.2021 has condoned delay of 2621 days which has
occurred in preferring the appeal to challenge similar
award by assigning detailed reasons after considering the
rival submissions of learned advocate for the applicant
and learned AGP.
7. In view thereof, the delay which has occurred in the
present application also needs to be condoned on
condition of filing an undertaking on oath by the applicant
expressing his willingness and readiness to forgo the
C/CA/1768/2021 ORDER DATED: 15/11/2021
interest for the period of delay.
8. In view of the above, present application is allowed.
The delay which has occurred in preferring the appeal to
assail the judgment and award of the Reference Court is
hereby condoned on condition of the applicant filing an
undertaking in the registry of this Court within two weeks
of this order being made available to indicate his
readiness and willingness to forgo the interest for the
period of delay.
9. The application stands disposed of. Rule is made
absolute.
(A.G.URAIZEE, J)
SURESH SOLANKI
