Gujarat High Court
Shambhu Baldev Patel vs Krishak Bharti Co-Operative Limited on 11 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/CA/1128/2023 ORDER DATED: 11/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1128 of
2023
In
F/LETTERS PATENT APPEAL NO. 8855 of 2023
With
R/CIVIL APPLICATION NO. 1129 of 2023
In
F/LETTERS PATENT APPEAL NO. 8848 of 2023
With
R/CIVIL APPLICATION NO. 1131 of 2023
In
F/LETTERS PATENT APPEAL NO. 8877 of 2023
With
R/CIVIL APPLICATION NO. 1132 of 2023
In
F/LETTERS PATENT APPEAL NO. 8850 of 2023
With
R/CIVIL APPLICATION NO. 1133 of 2023
In
F/LETTERS PATENT APPEAL NO. 8869 of 2023
With
R/CIVIL APPLICATION NO. 1134 of 2023
In
F/LETTERS PATENT APPEAL NO. 18311 of 2023
With
R/CIVIL APPLICATION NO. 1135 of 2023
In
F/LETTERS PATENT APPEAL NO. 7964 of 2023
With
R/CIVIL APPLICATION NO. 1138 of 2023
In
F/LETTERS PATENT APPEAL NO. 18313 of 2023
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SHAMBHU BALDEV PATEL
Versus
KRISHAK BHARTI CO-OPERATIVE LIMITED
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Appearance:
MR UT MISHRA(3605) for the Applicant(s) No. 1
MS PANCHAM ZALA for M R BHATT & CO.(5953) for the Respondent No. 1
MUNJAAL M BHATT(8283) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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NEUTRAL CITATION
C/CA/1128/2023 ORDER DATED: 11/12/2023
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 11/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr.U.T.Mishra for the applicants
and learned advocate Ms.Pancham Zala for learned advocate
Mr.Munjal Bhatt for M.R.Bhatt & Company for respondent no.1-
Krishak Bharti Cooperative Limited.
1.1 In Civil Application No.1138 of 2023 in F/Letters Patent
Appeal No.18313 of 2023 though rule is shown to be unserved
to Krishak Bharti Cooperative Limited-respondent no.1, since
the cases are in group and arise from common judgment in
which said respondent no.1 is represented by learned
advocate Ms.Pancham Zala, as above, she is directed to
appear.
2. All these applications are filed for condonation of delay of
237 days. The delay has taken place in preferring the
respective Letters Patent Appeals which arise from common
judgment and order of learned Single Judge dated 29.6.2022.
3. Explaining the passage of time leading to delay of 237
days, it is stated by the respective applicants that after the
deliverance of judgment and order of learned Single Judge,
they obtained copy of the judgment and since they had been
residing in the remote village of Bihar, they could not
immediately contact the advocate at Ahmedababd and could
NEUTRAL CITATION
C/CA/1128/2023 ORDER DATED: 11/12/2023
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not take swift steps to prefer the appeal, though they wanted
to challenge the judgment of learned Single Judge.
4. The reason could not be said to be not bona fide. Nor it
could be said that there was no inclination to prefer the appeal
or that intention to prefer the appeal was abandoned. Time
was consumed in getting in touch with the advocate at
Ahmedabad and for arranging to prefer the appeal.
5. Although learned advocate for respondent no.1
vehemently submitted that the delay is of more than 200 days
and reasons are not good enough to explain the time, in
overall circumstance. The Court finds that in the context of the
grounds raised and sufficient cause has to be construed
liberally to advance the substantial justice to enable the
applicants to contest the case on merits, the delay is required
to be condoned.
6. Sufficient cause is made out to condone delay of 237
days in each case.
7. All these applications are allowed by condoning the
delay. Rule is made absolute in each of applications.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
R.S. MALEK
