Board Of Trustees Of Deendayal ... vs M/S. Shantilal B. Patel
2023 Latest Caselaw 7532 Guj

                                                                                    NEUTRAL CITATION




       C/CA/1362/2023                                ORDER DATED: 11/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1362 of
                            2023

                        In F/FIRST APPEAL NO. 22557 of 2023

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 BOARD OF TRUSTEES OF DEENDAYAL PORT THROUGH EXECUTIVE
                       ENGINEER (H)
                          Versus
                 M/S. SHANTILAL B. PATEL
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Appearance:
AISHVARYA(8018) for the Applicant(s) No. 1
PARAS K SUKHWANI(8284) for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                 Date : 11/10/2023

                        ORAL ORDER

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

Heard learned advocate Ms. Aishvarya Gupta for the applicant and learned advocate Mr. Paras Sukhwani for the respondent.

2. Delay of three days is prayed to be condoned by the applicant-appellant, which has taken place in preferring the First Appeal under section 37 of the Arbitration and Conciliation Act, 1996, in which the challenge is to the judgment and order passed by learned Additional District Judge, Gandhidham rejecting the application of the appellant- applicant under section 34 of the Arbitration and Conciliation Act, 1996.

3. In the facts of the case looking to the extent of delay and having

NEUTRAL CITATION

C/CA/1362/2023 ORDER DATED: 11/10/2023

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regard to the principles laid down in relation to condonation of delay in appeal under section 37 of the Arbitration and Conciliation Act, 1996 in Government Of Maharashtra v/s M/S Borse Brothers Engineers and Contractors Pvt. Ltd. [(2021) 6 SCC 460], delay deserves to be condoned.

4. Learned advocate for the respondent vehemently opposed the delay. However, he was at his receiving end when confronted with the principles laid down in M/s. Borse Brothers Engineers and Contractors Pvt. Ltd. (supra).

5. Delay is condoned. The Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(NISHA M. THAKORE,J) C.M. JOSHI