Gujarat High Court
Patel Bharatkumar Keshavlal vs State Of Gujarat on 11 March, 2022
Bench: A.G.Uraizee
C/CA/1548/2021 ORDER DATED: 11/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1548 of 2021
In
F/FIRST APPEAL NO. 23405 of 2020
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PATEL BHARATKUMAR KESHAVLAL
Versus
STATE OF GUJARAT
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Appearance:
MR. AKASH R PATEL(6715) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 11/03/2022
ORAL ORDER
1. Heard Mr. Akash R. Patel, learned advocate for the
applicant and Mr. Soaham Joshi, learned AGP for the
respondent.
2. F/First Appeal No.21814 of 2020 is segregated from this
group.
3. The present application under Section 5 of the Limitation
Act is preferred to condone the delay of 2483 days which has
occurred in preferring First Appeal to assail the impugned
judgment and award of the Reference Court.
4. Mr. Patel, learned advocate for the applicant submits that in
cognate appeal, the co-ordinate bench of this Court has
condoned delay of 2483 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 registry of this Court within a period of
two weeks after this order is available.
C/CA/1548/2021 ORDER DATED: 11/03/2022
5. Mr. Soaham Joshi, 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 2483 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.
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 applicant expressing his
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 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 of delay.
10. The application stands disposed of. Rule is made absolute
(A.G.URAIZEE, J)
Manoj
