Lh Of Patel Somjibhai Lakhubhai ... vs State Of Gujarat
2022 Latest Caselaw 995 Guj

      C/CA/73/2022                                 ORDER DATED: 31/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 73 of 2022

                     In F/FIRST APPEAL NO. 30302 of 2021

==========================================================
            LH OF PATEL SOMJIBHAI LAKHUBHAI SINCE DECD
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,1.1,1.2,1.3,1.4,1.5,1.6
MS URMILA DESAI AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 31/01/2022

                                ORAL ORDER

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

2. Rule returnable forthwith. Ms. Urmila Desai, learned AGP waives service of notice of rule on behalf of the respondent.

3. The present application under Section 5 of the Limitation Act is preferred to condone the delay of 2716 days which has occurred in preferring First Appeal to assail the impugned judgment and award of the Reference Court.

4. Mr. Shah, learned advocate for the applicants

C/CA/73/2022 ORDER DATED: 31/01/2022

submit that in cognate appeal, the co-ordinate bench of this Court has condoned delay of 2716 days by assigning detailed reasons. He further submits that in this application as well the applicants are ready and willing to file an undertaking on oath to indicate their readiness and willingness to forgo the interest for the period of delay. He submits that the applicants shall file an undertaking to this effect in the registry of this Court within a period of two weeks after this order is available.

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

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

7. The co-ordinate bench of this Court vide order dated 20.10.2021 has condoned delay of 2621 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.

C/CA/73/2022 ORDER DATED: 31/01/2022

8. 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 applicants expressing their willingness and readiness to forgo the interest for the period of delay.

9. 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 applicants filing an undertaking in the registry of this Court within two weeks of this order being made available to indicate their readiness and willingness to forgo the interest for the period of delay.

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

(A.G.URAIZEE, J) SURESH SOLANKI