Vijaykumar Datratrey Punekar vs State Of Gujarat (Notice To Served ...
2021 Latest Caselaw 16085 Guj

       C/CA/1249/2021                                  ORDER DATED: 12/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1249 of 2021

              In F/LETTERS PATENT APPEAL NO. 11332 of 2020

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                  VIJAYKUMAR DATRATREY PUNEKAR
                              Versus
           STATE OF GUJARAT (NOTICE TO SERVED THROUGH)
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR .B A PATEL(5281) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE DR. JUSTICE A. P. THAKER

                                  Date : 12/10/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. B. A. Patel for the applicant. None appears for the respondents though served with the Rule of this court.

2. The applicant original petitioner has prayed to condone the delay of 47 days which has taken place in filling the Letters Patent Appeal against judgment and order of the learned single Judge dated 24.12.2019 in Special Civil Application No. 7399 of 2012.

3. Delay is explained in para 3 averring as under,

"The applicant is having a very lesser income was searching for remedy of legal recourse and in the process he was advised to approach the Legal Services Committee of Gujarat High Court. So he approached the High Court Legal Services Committee, after she has been advised in the last week of

C/CA/1249/2021 ORDER DATED: 12/10/2021

March, 2019. It appears that the matter was entrusted to some other advocate by the Legal Services Committee but the further procedure of filling revision application could not be undertaken for reasons unknown to the applicant. Later on Legal Services Committee appointed the present advocate and the papers of the allotment were received by the advocate on March, 2019. the matter is now filed and in this process, the delay of 47 days has occasioned, which is completely unintentional and bonafide."

4. We find that explanation is genuine and bona fide. Reasons exist to condone the delay of 47 days.

5. Sufficient cause is made out. Delay is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(DR. A. P. THAKER, J) C.M. JOSHI