Dynamic Industries Limited vs Amrishsinh Bhupendrasinh Rathod
2022 Latest Caselaw 8781 Guj

      C/CA/1216/2022                                     ORDER DATED: 04/10/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1216 of 2022

                       In F/FIRST APPEAL NO. 20643 of 2020

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                      DYNAMIC INDUSTRIES LIMITED
                                 Versus
                   AMRISHSINH BHUPENDRASINH RATHOD
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Applicant(s) No. 1
MR ADITYA S PATHAK(10788) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                 Date : 04/10/2022

                                  ORAL ORDER

[1] Rule. Learned AGP waives service of notice of

rule for the respondent - State.

[2] The present application has been filed seeking condonation of delay of 88 days in filing the application

for bringing legal heirs.

[3] The explanation in delay as stated in para-2 of

the memo of the application, which is as under:

3.1 The learned Commissioner for Workmen

Compensation passed the Judgment dated 18.10.2019 in

W.C.(Non Fatal) Case No.50 of 2014. The present

applicant has received the copy of the Judgment from

the advocate. The present applicant has approached the

C/CA/1216/2022 ORDER DATED: 04/10/2022

advocate for filing the First Appeal before this Hon'ble

Court. The present applicant has provided all the papers

to the advocate for preparation of the First Appeal. The

Government of India and Government of Gujarat issued

the Notification due to COVID-19 for Lockdown w.e.f.

22.03.2020. Thereafter, the period of Lockdown was

extended from time to time. The advocate to whom the

papers were handed over, could not prepare the First

Appeal due to unavoidable circumstances. The present

applicant could not prefer the appeal within the time

stipulated.

[4] Mr.Aditya Pathak, learned advocate appearing

on behalf of the opponent has submitted that the delay

of 88 days may be condoned as the same would be detrimental to the opponent.

[5] Having regard to the averments made in the

application and sufficiently explained the delay, the delay

requires to be condoned.

[6] The present application is allowed. The delay

of 88 days in filing the First Appeal is hereby condoned.

Rule is made absolute.

(A. S. SUPEHIA, J) Manoj