Ashishkumar Keshavlal Solanki ... vs Asakarkhan S/O Faijalkhan
2025 Latest Caselaw 781 Guj

Gujarat High Court

Ashishkumar Keshavlal Solanki ... vs Asakarkhan S/O Faijalkhan on 10 July, 2025

                                                                                                           NEUTRAL CITATION




                               C/CA/1952/2025                             ORDER DATED: 10/07/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                        NO. 1952 of 2025
                                               In
                                 F/FIRST APPEAL NO. 8104 of 2025

                       ======================================
                           ASHISHKUMAR KESHAVLAL SOLANKI (VANKAR)
                                            Versus
                               ASAKARKHAN S/O FAIJALKHAN & ORS.
                       ======================================
                       Appearance:
                       MR DHARM K RAVAL(10689) for the Applicant(s) No. 1
                       MASUMI V NANAVATY(9321) for the Respondent(s) No. 3
                       MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
                       MR. HARSHAL S. PATEL(14220) for the Respondent(s) No. 1,2
                       MR.DIPEN F CHAUDHARI(6740) for the Respondent(s) No. 1,2
                       ======================================

                       CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 10/07/2025

                                                       ORAL ORDER

Heard Mr. Dharm Raval, learned advocate for the applicant. Mr. Vibhuti Nanavaty, learned advocate has entered his appearance on behalf of the respondent no.3 - insurance company. Mr. Dipen Chaudhari, learned advocate has appeared with Mr. Harshal S. Patel, learned advocate for the respondent nos.1 and 2.

The present application is filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act, 1988 seeking condonation of delay of 114 days caused in preferring the appeal.

Learned advocate at the outset invited my attention to

NEUTRAL CITATION

C/CA/1952/2025 ORDER DATED: 10/07/2025

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the averments made in the application and has submitted that since the amount of compensation was deposited only in the month of January, 2025 the applicant in absence of the amount being received, was unable to arrange for the funds towards legal expenses. The appeal was preferred immediately upon receipt of the aforesaid amount. He has therefore submitted that being genuine and reasonable cause, the delay of 114 days caused in preferring the appeal may be condoned.

Considering the aforesaid submission of the learned advocate for the applicant and in light of the averments made in the application, it transpires that though the impugned judgment and award was pronounced on 31 st July, 2024, the applicant because of the injury sustained, could not resumed his work as a teacher and was therefore, facing financial hardship. It further transpires that the applicant had in fact approached the lower Court advocate in the month of July, 2024 seeking legal advice with regard to availing remedy of appeal. Noticing the aforesaid averments, in absence of any contradiction being pointed-out, the Court has a reason to believe that applicant all throughout pursue the remedy of appeal, however, financial condition restrained the applicant to approach within the stipulated period of limitation. Hence, sufficient cause has been made-out to condone the delay. The present application stands allowed. The delay of 114 days is hereby condoned. Rule made absolute.

(NISHA M. THAKORE, J.) AMAR RATHOD...