Rathod Pravinsinh Punabhai vs Secretary
2024 Latest Caselaw 108 Guj

Gujarat High Court

Rathod Pravinsinh Punabhai vs Secretary on 4 January, 2024

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                             NEUTRAL CITATION




     C/CA/1074/2023                          ORDER DATED: 04/01/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1074 of
                             2023
          In F/LETTERS PATENT APPEAL NO. 21707 of 2023
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                      RATHOD PRAVINSINH PUNABHAI
                                Versus
                              SECRETARY
==========================================================
Appearance:
MR MAHINKHAN H PATHAN for MR VH DESAI(298) for the Applicant(s) No.
1
RULE SERVED for the Respondent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                       Date : 04/01/2024
                        ORAL ORDER

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

Heard learned advocate Mr.Mahinkhan H. Pathan for learned advocate Mr.V.H.Desai for the applicant. Though served with the rule, none appears for the respondents.

2. The delay of 15 months and 10 days which has occasioned in filing the Letters Patent Appeal at the end of the applicant- appellant- original petitioner is sought to be explained in the averments of the application, more particularly in para 4 of the memorandum of the application, to be as under,

"The applicant submit that after the judgment rendered by this Hon'ble court on 21st March 2022 the applicant has retired as he reached at the age of superannuation on dated 30th June 2022. The applicant submit that his retirement dues like pension, gratuity etc are actually

NEUTRAL CITATION

C/CA/1074/2023 ORDER DATED: 04/01/2024

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disbursed in the month of July 2023. during that period the applicant is not having a sufficient fund and therefore he was not able to obtained legal advice about can judgment and order passed by this Hon'ble court can be challenge and the legal expenses for that and therefore he has waited till the actual disbursement of retirement dues are made and immediately thereafter obtaining legal advise has filed the Letters Patent Appeal against the judgment and order passed by this Hon'ble High court in Special Civil Application No.17087 of 2017."

3. It is further stated that the entire family of the applicant is dependent upon the income of the applicant and that the applicant has to care for the family towards medical treatment and other day to day expenses.

4. In the totality of circumstances, if the applicant has waited for receipt of the retirement dues to spent out of it towards legal expenses to prefer the appeal, it could not be said that he was indolent. Ordinarily, no litigant would remain lethargic and indolent when he wants to agitate his rights in court of law. It is also trite that sufficient cause is to be construed with elasticity. Sufficient cause is made out to condone the delay.

5. Accordingly, delay is condoned. The present application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) Manshi