Kaushik Shantilal Chaturvedi vs Gujarat State Financial ...
2023 Latest Caselaw 3317 Guj

     C/CA/239/2022                                   ORDER DATED: 25/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 239 of 2022

                      In F/FIRST APPEAL NO. 7422 of 2021

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                  KAUSHIK SHANTILAL CHATURVEDI
                              Versus
               GUJARAT STATE FINANCIAL CORPORATION
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Appearance:
MR RIDDHESH TRIVEDI(6581) for the Applicant(s) No. 1,2
MR AS ASTHAVADI(3698) for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 25/04/2023

                                   ORAL ORDER

1. Heard learned advocate Riddhesh Trivedi for the

applicants and learned advocate Mr. Pruthviraj Solanki for

learned advocate Mr. A.S.Asthavadi on behalf of the

respondent no.1.

2. Rule returnable forthwith. Learned advocate Mr. Solanki

waives service of rule on behalf of the respondent no.1.

3. By way of this application, the applicants seek

condonation of delay of 169 days which has occurred in

challenging the judgment and order passed by the learned

Additional District Judge, Surendranagar in Civil Application

C/CA/239/2022 ORDER DATED: 25/04/2023

No. 45 of 2004 dated 31.08.2019.

4. Learned advocate would submit that since the applicants

were not parties before the learned District Court and further

considering the fact that the respondents were not even

appeared before the learned District Court, therefore, the

present application may be decided without reference to the

said respondents, considering the submissions made by

learned advocate Mr. Solanki on behalf of the respondent no.1

who would oppose this application submitting that sufficient

cause is not made out.

5. Considering the submissions made by learned advocates

for the respective parties, more particularly, having regard to

the submissions made by learned advocate Mr. Trivedi, it

prima facie appears that the respondents had not contested

the proceedings before the learned District Court and

whereas, under such circumstances, this Court deems it

appropriate to decide the present application without any

reference to the said respondents.

6. Considering the submissions made by learned advocate

Mr. Trivedi and having regard to the averments on record,

C/CA/239/2022 ORDER DATED: 25/04/2023

more particularly, since it appears that the applicants were

not party to the original proceedings, in the considered

opinion of this Court, sufficient cause for condoning the delay

in preferring the first appeal having been made out, the same

stands condoned.

7. The present application is allowed to the aforesaid

extent. Rule is made absolute accordingly.

(NIKHIL S. KARIEL,J) Bhoomi