Shivendra Deshmukh S/O Sahebrao ... vs Division Railway Manager Western ...
2021 Latest Caselaw 15497 Guj

       C/CA/4473/2019                                 ORDER DATED: 04/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 4473 of 2019

                        In F/FIRST APPEAL NO. 37224 of 2019

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            SHIVENDRA DESHMUKH S/O SAHEBRAO DESHMUKH
                                Versus
             DIVISION RAILWAY MANAGER WESTERN RAILWAY
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR AJAY R MEHTA(453) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 04/10/2021

                                   ORAL ORDER

Heard learned advocate Mr. Hemal Shah for the applicant and learned advocate Mr. Ajay Mehta for respondent No.3. Respondent No.2 is served, but none appears. Respondent No.1 was deleted as per order below Exh. 32 as mentioned in the cause title.

2. In order to get condone the delay of 71 days that the present civil application is filed.

3. The applicant original claimant has stated to explain the delay that judgment and award was declared on 15.4.2019 and on the next date, the certified copy was applied. The applicant claimant has to undergo medical treatment after the accident. He had to borrow money from his relatives for the said treatment. He was not aware about the legal aspects and did not have sufficient fund to meet with the legal expenses. Time

C/CA/4473/2019 ORDER DATED: 04/10/2021

was consumed in arranging the fund.

4. It was submitted that for the aforesaid reasons, the delay has happened to the extent of 71 days.

5. In the facts of the case, sufficient cause is made out to condone the delay of 71 days. Accordingly, delay is condoned. Civil Application is disposed of. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI