M R Prakash - Mutyala Rajagopal Prakash vs State Of Gujarat Through Secretary
2025 Latest Caselaw 2453 Guj

Gujarat High Court

M R Prakash - Mutyala Rajagopal Prakash vs State Of Gujarat Through Secretary on 11 August, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                          NEUTRAL CITATION




                                C/CA/3652/2025                             ORDER DATED: 11/08/2025

                                                                                                           undefined




                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3652 of
                                                      2025

                                        In F/LETTERS PATENT APPEAL NO. 18590 of 2025

                        ==========================================================
                                       M R PRAKASH - MUTYALA RAJAGOPAL PRAKASH
                                                         Versus
                                      STATE OF GUJARAT THROUGH SECRETARY & ORS.
                        ==========================================================
                        Appearance:
                        MR SUBRAMANIAM IYER(2104) for the Applicant(s) No. 1
                        ROBIN PRASAD(9344) for the Applicant(s) No. 1
                        MS SHRUTI DHRUVE AGP for the Respondent(s) No. 1
                        MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 2,3
                        ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                                 and
                                 HONOURABLE MR.JUSTICE R. T. VACHHANI

                                                Date : 11/08/2025
                                                 ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application has been filed seeking condonation of 60 days delay in preferring the captioned Letters Patent Appeal.

2. Learned advocate Mr. Robin Prasad appearing for the applicant has submitted that the delay may be condoned in the interest of justice as due to the intervening summer vacation, the appeal was not filed.

3. Learned advocate Mr. Chinmay Gandhi for the respondents no. 2 and 3 has submitted that, since the delay has not been explained the same may not be condoned.

4. In paragraph no.2, the delay of 60 days caused in preferring the Letters Patent Appeal is explained, as under:

" 2. The impugned judgment was dictated by learned Single Judge in open Court on 13.03.2025 and copy of the same was made

NEUTRAL CITATION

C/CA/3652/2025 ORDER DATED: 11/08/2025

undefined

available on website on 15.05.2025. On receipt of copy of impugned judgment, the applicant approached his Advocate in the third week of May 2025 and instructed him to draft appeal. The Hon'ble Court was closed on account of summer vacation from 12.05.2025 to 08.06.2025. Therefore, excluding the period of summer vacation, the present appeal is preferred within the period of limitation. However, if there is any delay, the same is required to be condoned since the delay has occurred for the reasons beyond the control of the applicant."

5. We find the delay of 60 days has been appropriately explained. In the interest of justice, the same is condoned. Accordingly, the present civil application stands allowed. Registry to give pakka number to the captioned Letters Patent Appeal and list the same as per seriatim.

(A. S. SUPEHIA, J)

(R. T. VACHHANI, J) Radhika/16