Regional Director vs Dolatsinh Dipsinh Rathod
2024 Latest Caselaw 1011 Guj

Gujarat High Court

Regional Director vs Dolatsinh Dipsinh Rathod on 6 February, 2024

                                                                                   NEUTRAL CITATION




     C/CA/1844/2023                                ORDER DATED: 06/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1844 of
                             2023

                      In F/FIRST APPEAL NO. 32950 of 2023

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                            REGIONAL DIRECTOR
                                  Versus
                         DOLATSINH DIPSINH RATHOD
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Appearance:
VIVAN T SHAH(7947) for the Applicant(s) No. 1
AAKASH D MODI(7449) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 06/02/2024

                                 ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 544 days caused in preferring the First Appeal.

2. Learned advocate for the applicant has submitted that the applicant after delivering the impugned judgment and award dated 29.10.2021, the applicant decided to file an appeal and the decision was taken on 03.01.2022 by the competent authority of the applicant. Thereafter, the file was handed-over to the concerned Advocate on 21.01.2022. However, the concerned Advocate could not file an appeal and thereafter the present appeal was filed.

NEUTRAL CITATION

C/CA/1844/2023 ORDER DATED: 06/02/2024

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It is submitted that till 14.07.2023, learned advocate, who was earlier appointed, did not file an appeal. Hence, there is a delay.

2.1 It is further submitted that because of inaction on the part of the Advocate, the applicant may not suffer. It is submitted that there is no intentional delay on the part of the applicant.

3. Per contra, learned advocate for the respondent has opposed the application and submitted that the reasons assigned in the application are not sufficient and genuine for condoning the delay. There is no explanation in the application with regard to the fact from 09.02.2022 till 14.07.2023. There was no any attempt made by the applicant in getting the information from the concerned Advocate about the status of the appeal. There is nothing on record to point out such aspect.

4. Having considered the submissions of both the sides and having considered the averments made in the application, it transpires that the applicant after taking the decision to file an appeal, handed-over the papers to the learned advocate on 21.01.2022. However, no appeal was filed till 14.07.2023. The applicant has not produced any

NEUTRAL CITATION

C/CA/1844/2023 ORDER DATED: 06/02/2024

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communication between the applicant and learned advocate. What is weighed to this Court, there are no explanation as to what the applicant took to inquire from the learned advocate, whether any application is preferred or not. On this account, the applicant has remained negligent in dealing the information from the learned advocate.

5. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. In the totality of the facts, the delay will be condoned on a condition of cost of Rs.1500/-, to be deposited by the applicant within a period of 10 days before the Gujarat High Court Legal Aid Committee. On depositing the said amount, the delay would be condoned.

6. The application is allowed. Rule is made absolute to the aforesaid extent.

(D. M. DESAI,J) MANOJ