Uttar Gujarat Vij Company Limited ... vs Sudhaben Wd/O Mangabhai Shambhubhai
2024 Latest Caselaw 185 Guj

Gujarat High Court

Uttar Gujarat Vij Company Limited ... vs Sudhaben Wd/O Mangabhai Shambhubhai on 8 January, 2024

                                                                                  NEUTRAL CITATION




     C/CA/1404/2023                                ORDER DATED: 08/01/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1404 of
                            2023

                      In F/FIRST APPEAL NO. 27041 of 2023
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     UTTAR GUJARAT VIJ COMPANY LIMITED THROUGH DEPUTY
           ENGINEER MEHUL NANDUBHAI CHAUDHARI
                           Versus
          SUDHABEN WD/O MANGABHAI SHAMBHUBHAI
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Appearance:
MR KRISHNA PATEL FOR NANAVATI & CO.(7105) for the Applicant(s) No.
1,2,3
RULE SERVED for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                               Date : 08/01/2024
                                ORAL ORDER

1. This application is filed under Section 5 of the Limitation

Act for condonation of delay of 20 days in preferring the instant

appeal.

2. Heard learned Mr. Krishna Patel for Nanavati & Company

for the applicants. Though served, none appears on behalf of the

respondents.

3. Learned advocate for the applicant has submitted that the

applicants are being a Company engaged in the business of

distribution and electricity. The main cause of delay is attributed

NEUTRAL CITATION

C/CA/1404/2023 ORDER DATED: 08/01/2024

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to the administrative reasons and time consumed in taking

appropriate decisions to challenge the impugned judgment. It is

further submitted that the delay is not intentional and there was

no lethargy on the part of the applicants.

4. Having considered the submissions and having considered

the averments made in the application, it is needless to observe

that in catena of decisions, the view taken by the Hon'ble

Supreme Court is, while deciding an application for condonation

of delay, the liberal and justice oriented approach needs to be

adopted so that the substantive rights of the parties are not

defeated only on the ground of delay. To meet with the equity,

delay can be condoned. The delay has sufficiently been

explained. Hence, delay is condoned.

5. This application is allowed. Rule is made absolute. No

order as to costs.

(D. M. DESAI,J) RINKU MALI