Shailesh Hiralal Shah vs Blue Dart Express Pvt. Ltd
2023 Latest Caselaw 8034 Guj

                                                                                    NEUTRAL CITATION




       C/CA/430/2023                                ORDER DATED: 02/11/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 430 of
                                2023

              In F/LETTERS PATENT APPEAL NO. 26939 of 2019

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                         SHAILESH HIRALAL SHAH
                                  Versus
                       BLUE DART EXPRESS PVT. LTD.
==========================================================
Appearance:
MR BHARAT SHAH(3345) for the Applicant(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE CHEEKATI
           MANAVENDRANATH ROY

                             Date : 02/11/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Bharat Shah for the applicant and learned advocate Ms. Nidhi Chauhan for learned advocate Mr. Dipak Dave for the respondent Nos. 1 and 2.

2. It is to condone the delay of 270 days, which has occasioned in preferring the Letters Patent Appeal against judgment and order of learned single Judge, that the present Civil Application is filed.

3. Since the revision application was filed earlier in respect of the order impugned, reckoned from the decision in the review, delay is stated to be 91 days, which is accordingly prayed to be condoned.

                                                                                      NEUTRAL CITATION




       C/CA/430/2023                                 ORDER DATED: 02/11/2023

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3.1     The passage of time which led to delay, is sought to be explained

by stating that wife of the applicant had been suffering from multiple diseases and was under treatment. The applicant had to spend huge amount towards wife's treatment, which prevented the applicant from spending for litigation expenses. It is also stated that the applicant himself was in indisposed health, on account of which the time passed by resulting into delay to the aforesaid extent. It was further pointed out that the period during which the review application was being pursued, the review application may be treated as a bona fide period.

4. In overall view and considering the trite principle that litigant should be allowed to contest his case on merits, it could be said that sufficient cause is made out to condone the delay.

5. Delay is condoned. Application is allowed.

As requested by learned advocate for the applicant, the Registry is directed to list the main Letters Patent appeal for admission hearing on 30.11.2023.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) C.M. JOSHI