Prabhat Bijal vs State Of Gujarat
2023 Latest Caselaw 5527 Guj

                                                                                         NEUTRAL CITATION




     C/CA/691/2023                                      ORDER DATED: 01/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 691 of 2023

                      In F/FIRST APPEAL NO. 28635 of 2021

                                     With
                      R/CIVIL APPLICATION NO. 701 of 2023
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                                PRABHAT BIJAL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
CA 691-2023-MS DHWANI TRIPATHI, AGP for the Respondent(s) No. 1
CA-701-2023-MS HETAL PATEL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                Date : 01/08/2023

                            COMMON ORAL ORDER

1.By these applications under section 5 of the Limitation Act, 1963, the applicant seek condonation of delay of 1138 days in filing F/First Appeal Nos.28635/2021 and 28652/2021 against the impugned Judgment dated 30.12.2016 in L.A.R. No.57/1993 and LAR No.88 of 1993 in group LAR Nos.44/1993 to 104/1993 passed by the Principal Senior Civil Judge, Jamnagar.

2.Heard learned advocate Mr. Tejas Satta for the applicants and learned Assistant

NEUTRAL CITATION

C/CA/691/2023 ORDER DATED: 01/08/2023

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Government Pleader for the respondent-State.

3.Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for the respondent-State.

4.Learned advocate Mr. Tajas Satta submitted that the claimants would waive the interest for the period of delay caused in filing the Appeals on the amount if any enhanced.

5.Having regard to the submissions advanced by the learned advocates for the respective parties and more particularly considering the averments made in the memorandum of applications, the Court is of the view that the delay caused in filing the First Appeals has been sufficiently explained.

6.In view of the submission made by learned advocate Mr. Tejas Satta for the applicants to the effect that the claimants would waive the interest for the period of delay caused in filing the appeals, the Court is of the view that the delay caused in filing the First Appeals deserve to be condoned.

NEUTRAL CITATION

C/CA/691/2023 ORDER DATED: 01/08/2023

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7.The applications, therefore, succeeds and are, accordingly, allowed on condition that the applicants shall waive the claim of interest for the period of delay in preferring the First Appeals. The delay caused in filing the First Appeals are hereby condoned. Rule is made absolute accordingly with no order as to costs. A copy of this order be placed in each matter.

(BHARGAV D. KARIA, J) URIL RANA