Purnima Trading Co vs Union Of India
2024 Latest Caselaw 5409 Guj

Gujarat High Court

Purnima Trading Co vs Union Of India on 24 June, 2024

                                                                                    NEUTRAL CITATION




       C/CA/773/2024                                ORDER DATED: 24/06/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 773 of
                                2024

                       In F/FIRST APPEAL NO. 2095 of 2024

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                         PURNIMA TRADING CO. & ANR.
                                   Versus
                               UNION OF INDIA
==========================================================
Appearance:
A R KADRI(7330) for the Applicant(s) No. 1,2
RULE SERVED BY DS for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                Date : 24/06/2024

                                 ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 95 days in preferring the instant appeal.

2. Heard learned advocate Mr. K.N. Kadri for learned Advocate Mr. A.R. Kadri for the applicant. None appeared on behalf of the Respondent.

3. Learned advocate for the applicant has submitted that upon getting information about the impugned judgment and decree by his advocate, the applicant got shocked and upset. Thereafter, upon the advice of well-wisher of advocate took decision to file

NEUTRAL CITATION

C/CA/773/2024 ORDER DATED: 24/06/2024

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appeal challenging the impugned judgment and decree. It is further submitted that because of shortage of fund, the appeal could not be filed within the prescribed period of limitation. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.

4. Having considered the submissions of both the sides 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 to the

aforesaid extent. No order as to costs.

(D. M. DESAI,J) MANISH MISHRA