Sumanben Shiva Alias ... vs Dilipbhai Appaji Baagal
2021 Latest Caselaw 14409 Guj

       C/CA/216/2020                                ORDER DATED: 17/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 216 of 2020
                   In F/FIRST APPEAL NO. 34540 of 2019
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         SUMANBEN SHIVA ALIAS SHIVPRAKASHSINH RAJPUT W/O
                               Versus
                     DILIPBHAI APPAJI BAAGAL
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                      Date : 17/09/2021
                       ORAL ORDER

Heard learned advocate Mr. Hiren Modi for the applicants and learned advocate Ms. Sejal Mandavia for the respondents

2. It is to condone the delay of 172 days which has occassioned in preferring the First Appeal that the present application is filed by the applicants original claimants.

3. To explain the delay, it is averred in the application that the judgment and award of the Claims Tribunal was delivered on 28.1.2019. Certified copy was applied immediately after deliverance of the judgment and award. It was stated that the applicants are hailing from the poor strata of the society and until the amount of compensation awarded by the Tribunal was deposited they did not have the financial means to incur the legal expenses. It was submitted that delay was bona fide and is not due to any indolence on part of the applicant.

4. The grounds putforth are acceptable and make out sufficient cause to condone delay of 172 days.

5. Delay of 172 days is condoned. Civil Application is allowed. Rule is made absolute.

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