Kishanbhai Vijaybhai Patel vs Govindsinh Shankarlal Mandola
2021 Latest Caselaw 14362 Guj

         C/CA/2924/2019                          ORDER DATED: 17/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                      R/CIVIL APPLICATION NO. 2924 of 2019
                       In F/FIRST APPEAL NO. 11505 of 2019
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                           KISHANBHAI VIJAYBHAI PATEL
                                        Versus
                       GOVINDSINH SHANKARLAL MANDOLA
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
DIPTESH R BRAHMBHATT(8407) for the Applicant(s) No. 1
MR SAURABH M PATEL(5019) for the Respondent(s) No. 4
MS VYOMA K JHAVERI(6386) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1,3
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   CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                               Date : 17/09/2021
                                   ORAL ORDER

Heard learned advocate Mr. Darshit Brahmbhatt for the applicant, learned advocate Ms.Vyoma Jhaveri for the respondent No.2 and learned advocate Mr. Saurabh Patel for the respondent No.4. Though rule is served on respondent Nos.1 and 3, none appears.

2. Delay of 146 days has taken place in preferring the appeal against the judgment and award of the Motor Accident Claims Tribunal, Kheda at Nadiad.

3. Explaining the delay it was stated by the applicant that after delivery of the judgment and award of the Claims Tribunal, time was consumed in arranging fund and legal expenses. This passage of time led to delay of 146 days.

4. Passage of time resulting delay could not be said to be intentional. Sufficient cause could be said to have been made out to condone the delay.

5. Accordingly, the delay of 146 days is condoned. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi