Gujarat High Court
Director K.M. Trans Logistrics Pvt. ... vs Pramodkumar Mahadev Prasad on 29 January, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/CA/444/2024 ORDER DATED: 29/01/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 444 of
2024
In F/FIRST APPEAL NO. 1263 of 2024
==========================================================
DIRECTOR K.M. TRANS LOGISTRICS PVT. LTD. THROUGH POA
Versus
PRAMODKUMAR MAHADEV PRASAD
==========================================================
Appearance:
DESHAL A MODI(12518) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 29/01/2024
ORAL ORDER
1. The present application has been filed for condonation of
delay of 619 days caused in filing the First Appeal.
2. Learned advocate for the applicant states that after
receiving the memo of appeal being First Appeal No.1883 of
2020, the applicant could have the knowledge of the
proceedings. He further states that the judgment was declared
on 7.2.2020 because of the Nation wide lock down, the
applicant could not approach the court for certified copy.
Learned advocate has referred to the judgment of the Hon'ble
Apex Court in Suo Motu Writ Petition (C) No.3 of 2020 to
submit that the Hon'ble Apex Court has extended limitation
period. In view of the judgment of the Hon'ble Apex Court and
in view of the fact that the appeal has been filed by
respondent No.2, delay of 619 days is condoned.
NEUTRAL CITATION
C/CA/444/2024 ORDER DATED: 29/01/2024
undefined
3. In the case of Collector, Land Acquisition, Anantnag
and Another v. Mst. Katiji and Others reported in AIR
1987 SC 1353 it has been observed as under :-
"3. The legislature has conferred the power to
condone delay by enacting Section 5 of the Indian
Limitation Act of 1963 in order to enable the Courts
to do substantial justice to parties by disposing of
matters on 'merits'. The expression "sufficient
cause" employed by the legislature is adequately
elastic to enable the courts to apply the law in a
meaningful manner which subserves the ends of
justice that being the life-purpose for the existence
of the institution of Courts. It is common knowledge
that this Court has been making a justifiably liberal
approach in matters instituted in this Court. But the
message does not appear to have percolated down
to all the other Courts in the hierarchy. And such a
liberal approach is adopted on principle as it is
realized that:-
1. Ordinarily a litigant does not stand to benefit by
lodging an appeal late.
2. Refusing to condone delay can result in a
meritorious matter being thrown out at the very
threshold and cause of justice being defeated. As
against this when delay is con- doned the highest
that can happen is that a cause would be decided
on merits after hearing the parties.
NEUTRAL CITATION
C/CA/444/2024 ORDER DATED: 29/01/2024
undefined
3. "Every day's delay must be explained" does not
mean that a pedantic approach should be made.
Why not every hour's delay, every second's delay?
The doctrine must be applied in a rational common
sense pragmatic manner.
4. When substantial justice and technical
considerations are pitted against each other, cause
of substantial justice deserves to be preferred for
the other side cannot claim to have vested right in
injustice being done because of a non-deliberate
delay.
5. There is no presumption that delay is occasioned
deliberately, or on account of culpable negligence,
or on account of mala fides. A litigant does not
stand to benefit by resorting to delay. In fact he
runs a serious risk.
6. It must be grasped that judiciary is respected not
on account of its power to legalize injustice on
technical grounds but because it is capable of
removing injustice and is expected to do so."
4. Considering the averments made in the application and
as the delay is sufficiently explained and in view of the facts
and circumstances of the case, the delay of 619 days caused in
filing the First Appeal is condoned. The application is allowed.
(GITA GOPI,J)
Bharat
