Madhya Gujarat Vij Company ... vs Mangalbhai Sabhaibhai Solanki
2022 Latest Caselaw 5195 Guj

     C/CA/1768/2020                          ORDER DATED: 15/06/2022



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL APPLICATION NO. 1768 of 2020
                               In
          F/LETTERS PATENT APPEAL NO. 15988 of 2020

=============================================
                 MADHYA GUJARAT VIJ COMPANY LIMITED
                              Versus
                   MANGALBHAI SABHAIBHAI SOLANKI
=============================================
Appearance:
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1
MR DS VASAVADA(973) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                         Date : 15/06/2022

                        ORAL ORDER

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

In the facts of the case, Rule returnable forthwith.

Learned advocate Mr. D.S. Vasavada waives service of notice

of rule on behalf of respondent No.1. Respondent No.2 is the

Industrial Tribunal, whose presence could be disposed with and

it accordingly hereby stands deleted from the array of

respondents for the purpose of this Civil Application.

2. The applicant - Madhya Gujarat Vij Company Limited has

preferred Letters Patent Appeal seeking to challenge judgment

and order dated 27.11.2019 of the learned Single Judge in so

far as the said common order relates to Special Civil

C/CA/1768/2020 ORDER DATED: 15/06/2022

Application No. 11046 of 2018. In filing the said Letters Patent

Appeal, delay of 224 days were take place which is prayed to

be condoned by filing this application.

3. The delay is sought to be explained by the applicant

stating that after learned Single Judge delivered the order on

27.11.2019, certified copy was obtained and the corporate

office was consulted for its opinion regarding preferring the

Appeal. It was stated that some deliberations took place and

the legal opinion of the advocate of the company was solicited.

After the opinion was received, the Appeal was filed. It is In this

process, it was submitted, that the delay to the extent of 224

days have taken place.

4. The prayer for condoning the delay has been opposed by

the respondent by filing affidavit-in-reply stating that the

averments could not be said to be satisfactorily explained the

passage of time.

5. The applicant is a Vij Company and impersonal body. The

decision making process in such bodies necessarily consumes

some time as the files have to be processed at different stages

including for obtaining of legal opinion.

5.1 The element of negligence could be said to be absent in

C/CA/1768/2020 ORDER DATED: 15/06/2022

the present case when the procedure was adopted by the

applicant-company to finally file the Letters Patent Appeal.

6. Sufficient cause is made out. Delay deserves to be

condoned. Accordingly, delay of 224 days is condoned.

7. Application is allowed. Rule is made absolute.

Learned advocate for the parties requested to place the

main Letters Patent Appeal. The Registry may post the Appeal

within 10 days.

(N.V.ANJARIA, J)

(MAUNA M. BHATT,J) T. J. Bharwad