Government Of India vs Aher Deva Chana
2025 Latest Caselaw 1876 Guj

Gujarat High Court

Government Of India vs Aher Deva Chana on 5 August, 2025

                                                                                                                   NEUTRAL CITATION




                             C/FA/2829/2025                                      IA ORDER DATED: 05/08/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2023
                                       In R/FIRST APPEAL NO. 2829 of 2025
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GOVERNMENT OF INDIA Versus AHER DEVA CHANA & ANR. ========================================================== Appearance:

MS ARCHANA U AMIN(2462) for the PETITIONER(s) No. 1 MS.DEVANSHI PATEL AGP ADVANCE COPY SERVED for the

UNSERVED EXPIRED (R) for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

Date : 05/08/2025 IA ORDER

1. By way of present application filed under Section 5 of the Limitation Act, 1963 the applicant has prayed to condone delay of 340 days caused in preferring the First Appeal.

2. Heard learned advocate Ms.Archana Amin for the applicant and learned AGP for the respondent - State.

3. Learned advocate for the applicant has submitted that judgment and award was pronounced on 30.12.2019 and on the same day applied for certified copy. After receiving the certified copy, file sent for legal opinion. The cause for delay is attributed to the time consumed in seeking legal opinion and the reason for delay is

NEUTRAL CITATION

C/FA/2829/2025 IA ORDER DATED: 05/08/2025

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administrative procedure. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.

4. I have considered the submissions canvassed by learned advocates for the respective parties and averments made in the application, the reason for delay is administrative procedure and time consumed in decision making process. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, 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 needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

5. The application is allowed and stands disposed of.

(D. M. DESAI,J) MANOJ