Divisional Controller, Gujarat State ... vs Fatamaben Mohmad Siraj Shekh @ ...
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Gujarat High Court

Divisional Controller, Gujarat State ... vs Fatamaben Mohmad Siraj Shekh @ ... on 23 April, 2025

                                                                                                             NEUTRAL CITATION




                               C/CA/4269/2024                                ORDER DATED: 23/04/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4269 of
                                                     2024
                                                In F/FIRST APPEAL NO. 22143 of 2024
                       ================================================================
                           DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT
                                               CORPORATION
                                                   Versus
                         FATAMABEN MOHMAD SIRAJ SHEKH @ BHARATBHAI THAKAR & ORS.
                       ================================================================
                       Appearance:
                       MS SEJAL K MANDAVIA(436) for the Applicant(s) No. 1
                       DELETED for the Respondent(s) No. 4,5,6
                       MR.HIREN M MODI(3732) for the Respondent(s) No. 1,2,3
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                         Date : 23/04/2025
                                                          ORAL ORDER

1. This is an application, filed under Section 5 of the

Limitation Act, 1963, seeking condonation of delay of 773 days,

caused in filing the appeal.

2. Heard learned advocate Ms. Sejal K. Mandavia for the

applicant and learned advocate Mr. Hiren M. Modi for

respondent Nos.1 to 3.

3. Learned advocate for the applicant has submitted that after

the judgment and award passed by the learned Tribunal a review

NEUTRAL CITATION

C/CA/4269/2024 ORDER DATED: 23/04/2025

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application was filed by the present applicant stating that after

the pronouncement of the judgment and award, applicant came

to know that original claimants have received compensation

under the Workmen Compensation Act and therefore, the

applicant decided to file review application. The review

application was filed and the same came to be dismissed on

14.12.2023. Thereafter, the applicant took decision to challenge

the impugned judgment and award by way of First Appeal.

4. Per contra, learned advocate for respondent Nos.1,2,3

raised an objection that reasons assigned in the application are

not palatable and delay may not be condoned.

5. Having considered the averments made in the application

and the fact that a review application was filed by the applicant

stating that claimants have received compensation under the

Workmen Compensation Act for the accident which has

occurred. It also appears from the contention raised by learned

advocate for the applicant that for the same accident, original

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C/CA/4269/2024 ORDER DATED: 23/04/2025

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claimants have received compensation under the Workmen

Compensation Act as well as under the Motor Vehicles Act.

Considering the facts found on record, the delay is required to

be condoned and the same is condoned.

6. Registry is directed to reflect the name of learned advocate

Mr. Hiren M. Modi for respondent Nos.1 to 3 in the array of

parties as and when First Appeal is listed.

(D. M. DESAI,J) RINKU MALI