Goswami Alpeshgiri Somgiri vs Pravinbhai Ramanbhai Patel
2025 Latest Caselaw 5868 Guj

Gujarat High Court

Goswami Alpeshgiri Somgiri vs Pravinbhai Ramanbhai Patel on 17 April, 2025

                                                                                                              NEUTRAL CITATION




                             C/CA/5686/2024                                    ORDER DATED: 17/04/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5686 of
                                                    2024

                                               In F/FIRST APPEAL NO. 32756 of 2024

                      ==========================================================
                                              GOSWAMI ALPESHGIRI SOMGIRI & ANR.
                                                            Versus
                                              PRAVINBHAI RAMANBHAI PATEL & ANR.
                      ==========================================================
                      Appearance:
                      MR ADITYA B GANDHI(13129) for the Applicant(s) No. 1,2
                      MS SHREYA M SONI(10618) for the Applicant(s) No. 1,2
                      MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                        Date : 17/04/2025

                                                          ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act for condonation of delay of 380 days caused in preferring the First Appeal.

2. Learned advocate Mr.Aditya Gandhi for the applicants has submitted that the judgment and award passed on 31.07.2023 and Certified Copy was applied on 11.08.2023 and the same was received on 18.08.2023. After receiving the said copy, claimant took some time to decide as to whether the appeal is required to be preferred or not. Due to financial crunch, applicant could not manage necessary fees for the purpose of litigation. Thus, there is a delay in preferring the

NEUTRAL CITATION

C/CA/5686/2024 ORDER DATED: 17/04/2025

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appeal.

2.1 Learned advocate for the applicants has submitted the the applicants could not claim interest upon the enhanced compensation.

3. Having considered the submissions and contentions raised 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 orientated 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. There is no intentional delay on the part of the applicants. The delay has sufficiently been explained. Hence, the delay is condoned subject to condition that the claimant shall not claim interest upon enhanced compensation, if any, for the period of delay.

4. With these observations, the present Civil Application stands allowed. Rule is made absolute to the aforesaid extent.

(D. M. DESAI,J) MANOJ