M/S Khurana Menu. Ltd vs Minor Ravi Kantibhai Chauhan Through ...
2025 Latest Caselaw 6007 Guj

Gujarat High Court

M/S Khurana Menu. Ltd vs Minor Ravi Kantibhai Chauhan Through ... on 23 April, 2025

                                                                                                               NEUTRAL CITATION




                                C/CA/777/2025                                 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. 777 of
                                                       2025
                                                In F/CROSS OBJECTION NO. 922 of 2025
                       ================================================================
                                           M/S KHURANA MENU. LTD.
                                                    Versus
                          MINOR RAVI KANTIBHAI CHAUHAN THROUGH KANTIBHAI TAPUBHAI
                                                CHAUHAN & ANR.
                       ================================================================
                       Appearance:
                       NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                       MR RATHIN P RAVAL(5013) for the Respondent(s) No. 2
                       MR TUSHAR L SHETH(3920) for the Respondent(s) No. 1
                       ================================================================
                          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 246 days,

caused in filing the captioned Cross Objection in First Appeal

No.536 of 2024.

2. Heard learned advocate Mr. Nishit A. Bhalodi for the

applicant, learned advocate Mr. Rathin P. Raval for respondent

No.2 and learned advocate Mr. Tushar L Sheth for the

respondent No.1.

3. Learned advocate for the applicant has submitted that

learned Tribunal disposed of the Motor Accident Claim Petition

NEUTRAL CITATION

C/CA/777/2025 ORDER DATED: 23/04/2025

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proceedings in 2011 and thereafter, the First Appeal is filed by

the claimants for enhancement of compensation in the year

2024. It is further submitted that applicant received notice of

admission on 26.03.2024 and subsequently, applicants were

informed to file cross-objection against the direction of pay and

recover. It is further submitted that since the appeal is filed after

a period of almost 13 years, the decree of compensation would

become infructuous. However, claimants have filed an appeal

for enhancement, in case the appeal is allowed, the award of

compensation would get an extension and the amount can be

recovered from the present applicant.

4. Per contra, learned advocate for respondents have no

objection if the delay is condoned.

5. Considering the submissions and the averments made in

the application, it appears that the First Appeal is filed after a

period of 13 years of the impugned judgment and award.

NEUTRAL CITATION

C/CA/777/2025 ORDER DATED: 23/04/2025

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Considering the nature of litigation, sufficient cause is made out

for condoning delay, in the interest of justice, delay is condoned.

6. In view of the above, present Civil Application stands

disposed of accordingly.

(D. M. DESAI,J) RINKU MALI