Lh Of Patel Jadavbhai Somabhai vs State Of Gujarat
2021 Latest Caselaw 17370 Guj

     C/CA/1811/2021                                    ORDER DATED: 17/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1811 of 2021

                      In F/FIRST APPEAL NO. 14015 of 2021

==========================================================
                       LH OF PATEL JADAVBHAI SOMABHAI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,1.1,1.2,2,3
for the Respondent(s) No. 2,3
MR MANRAJ BAROT AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 17/11/2021

                                   ORAL ORDER

1. Heard Mr. Manish Shah, learned advocate for the applicants 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 2612 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 applicants submit 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 applicants are ready and willing to

C/CA/1811/2021 ORDER DATED: 17/11/2021

file an undertaking on oath to indicate their readiness and willingness to forgo the interest for the period of delay. He submits that the applicants 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 for the applicants and learned AGP for the respondent 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 applicants expressing their willingness and readiness to

C/CA/1811/2021 ORDER DATED: 17/11/2021

forgo the 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 applicants filing an undertaking in the registry of this Court within two weeks of this order being made available to indicate their readiness and willingness to forgo the interest for the period of delay.

9. The application stands disposed of.

(A.G.URAIZEE, J) SURESH SOLANKI