Patel Narendrabhai Babarbhai vs State Of Gujarat
2022 Latest Caselaw 1308 Guj

     C/CA/1956/2021                                 ORDER DATED: 04/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1956 of 2021

                      In F/FIRST APPEAL NO. 27817 of 2021

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                       PATEL NARENDRABHAI BABARBHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1
MS URMILA DESAI, AGP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 04/02/2022

                                 ORAL ORDER

1. Heard Mr. Manish Shah, learned advocate for the applicant and Ms.Urmila Desai, learned AGP for the respondents.

2. The present application under Section 5 of the Limitation Act is preferred to condone the delay of 1157 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 applicant submits that in cognate appeal, the co-ordinate bench of this Court has condoned delay of 2526 days by assigning detailed reasons. He further submits that in this application as well the applicant is ready and willing to file an undertaking on oath to indicate his readiness and willingness to forgo the interest for the period of delay. He submits that the applicant shall file an undertaking to this effect in the

C/CA/1956/2021 ORDER DATED: 04/02/2022

registry of this Court within a period of two weeks after this order is available.

4. Ms.Urmila Desai, learned AGP strongly opposes this application. As according to her submission, the delay is very huge. She submits that the cause which is shown in the present application for condoning delay is not sufficient cause and therefore, she urges that the delay may not be condoned.

5. I have considered the rival submissions of the learned advocate and learned AGP and perused the record.

6. The co-ordinate bench of this Court vide order dated 20.10.2021 has condoned delay of 2526 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 applicant expressing his willingness and readiness to 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 applicant filing an undertaking in the registry of this Court within two weeks of this order being made available to indicate his readiness and willingness to forgo the interest for the period

C/CA/1956/2021 ORDER DATED: 04/02/2022

of delay.

9. The application stands disposed of. Rule is made absolute

(A.G.URAIZEE, J) H.M. PATHAN