Rbl Bank Ltd Thro Mohammed Sahejad ... vs Arman Associates
2024 Latest Caselaw 8833 Guj

Gujarat High Court

Rbl Bank Ltd Thro Mohammed Sahejad ... vs Arman Associates on 25 September, 2024

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/3568/2024                                   ORDER DATED: 25/09/2024

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               3568 of 2024

                                   In F/CRIMINAL MISC.APPLICATION NO. 6774 of 2024

                      ================================================================
                                 RBL BANK LTD THRO MOHAMMED SAHEJAD QURESHI
                                                     Versus
                                            ARMAN ASSOCIATES & ORS.
                      ================================================================
                      Appearance:
                      MR CR ABICHANDANI(2421) for the Applicant(s) No. 1
                      MR CHIRAG PAREKH FOR MR AMBRISH V JANI(8674) for the
                      Respondent(s) No. 1
                      MR YUVRAJ BRAHMBHATT, ADDL. PUBLIC PROSECUTOR for the
                      Respondent(s) No. 3
                      RULE SERVED for the Respondent(s) No. 2
                      ================================================================

                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                              PRACHCHHAK

                                                          Date : 25/09/2024

                                                               ORAL ORDER

1. This application is filed by the applicant under Section 5

of the Limitation Act for condonation of delay of 163 days

caused in preferring application for grant of special leave to

appeal alongwith the appeal against the judgment and order

dated 28/06/2023 passed by the learned Presiding Officer,

Special Nego. Instrument Act Court No.35, Ahmedabad in

Criminal Case No.124589 of 2021, acquitting the respondents

accused.

NEUTRAL CITATION

R/CR.MA/3568/2024 ORDER DATED: 25/09/2024

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2. Learned advocates appearing for the respective

respondents have vehemently objected the present application

for condonation of delay, looking to the facts of the present

case.

3. Considering the submissions canvassed by both the sides

and the averments made in the application in paragraph 5, I

am of the view that the applicant has shown sufficient cause

for not preferring the appeal within the period of limitation.

3.1 At this juncture, it would also be appropriate to refer to

the following decisions with regard to long delay :

[I] Collector, Land Acquisition Officer, Anantnag v. Mst.

Kantiji, [1987] 2 SCC 107;

[II] Stat of Haryana v. Chandra Mani, [1996] 3 SCC 132;

[III] G. Ramegowda, Major v. Special Land Acquisition

Officer, Bangalore, [1988] 2 SCC 142;

[IV] Perumon Bhagvathy Devswom, Perinadu village v.

Bhargavi Amma (Dead) by LRS. and Others, [2008] 8 SCC

321;

[V] Sheo Raj Singh (Deceased) through LRS. and Ors. v.

Union of India and Others, [2023] 10 SCC 531;

[VI] Purvi Devi v. Babu Ram, [2024] 4 SCR 37;

NEUTRAL CITATION

R/CR.MA/3568/2024 ORDER DATED: 25/09/2024

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[VII] Mool; Chandra v. Union of India & Anr., Civil Appeal

No.8435-88436 of 2024, dt.05/08/2024.

4. In the result, the present application is hereby allowed.

The delay of 163 days caused in preferring application for

grant of special leave to appeal alongwith the appeal is hereby

condoned. Rule is made absolute.

(HEMANT M. PRACHCHHAK,J)

Dolly