Gujarat High Court
Abhilasha Joshi D/O S. S. Joshi vs Chairman And Managing Director, Ongc on 18 January, 2024
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/CA/1233/2023 ORDER DATED: 18/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1233
of 2023
In F/LETTERS PATENT APPEAL NO. 22525 of 2023
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ABHILASHA JOSHI D/O S. S. JOSHI
Versus
CHAIRMAN AND MANAGING DIRECTOR, ONGC
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 18/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Learned advocate Mr. Rituraj Meena for the
respondent tenders reply affidavit on behalf of the
respondent Corporation, which is taken on record. A
copy thereof has been served on the applicant
party-in-person, as is evident by the endorsement
made by her on the first page of the affidavit.
2. The present is an application filed by the
applicant praying to condone the delay of 227 days,
which has taken place in filing the Letters Patent
Appeal.
NEUTRAL CITATION
C/CA/1233/2023 ORDER DATED: 18/01/2024
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2.1 Heard applicant party-in-person Ms.Abhilasha
Joshi and learned senior advocate Mr. R.R.Marshall
for the respondent.
3. The applicant has preferred Letters Patent
Appeal against judgment and order dated 19.09.2022
of learned Single Judge. Delay has taken place in
filing the appeal.
3.1 Explaining the passage of time, it is stated
by the applicant in her application that the
certified copy of the order dated 19.09.2022 was
applied on 28.09.2022, which was notified
on25.11.2022 and was collected by her personally on
06.12.2022.
3.2 The say of the applicant is that she had to
pursue several litigation and that she is
unemployed since 2008 having no source of income.
It was submitted that she had financially hard
times to negotiate. It was stated that she also
made a representation dated 12.12.2022 to the High
Court Legal Services Committee for seeking free
legal aid. The applicant thereafter borrowed money
to engage advocate in the main matter.
3.3 It was stated by learned party-in-person that
applicant's father, 94 years' old, had to undergo
complicated surgery on 17.03.2023. He was required
NEUTRAL CITATION
C/CA/1233/2023 ORDER DATED: 18/01/2024
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to be hospitalised and the petitioner had to attend
her father. It was stated that her father had to be
hospitalised again on 24.04.2023 and the money
which the applicant had saved were required to be
spent in the medical treatment of the father.
3.4 The case papers, it was submitted, were then
handed over to the another advocate, but since the
applicant was unable to spent fees of the advocate,
she herself drafted the application and prepared
the appeal.
4. Learned senior advocate for the respondent
seriously objected to the prayers for condonation
of delay by relying on the contents and averments
of the affidavit-in-reply to submit that all
grounds were got-up.
5. Having considered the rival case about the
condonation of delay, further considering the
statements made on oath by the party-in-person in
the present application explaining the passage of
time, it could be noticed that the party-in-person
was in financial difficulties. She was out of
service and litigating. Furthermore, about the
ailments of her father, medical papers are produced
by the party-in-person.
6. Any element of indolence could not be
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C/CA/1233/2023 ORDER DATED: 18/01/2024
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attributed on the facts of the case, on the part of
the party-in-person.
6.1 Sufficient cause is made out. Delay deserves
to be condoned. Accordingly delay of 227 days is
condoned.
7. The application is allowed. Rule is made
absolute.
(N.V.ANJARIA, J)
(SANDEEP N. BHATT,J)
BIJOY B. PILLAI
