Meruji Somaji Thakor vs Vishnubhai Ishwarbhai Patel
2025 Latest Caselaw 834 Guj

Gujarat High Court

Meruji Somaji Thakor vs Vishnubhai Ishwarbhai Patel on 11 July, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3590/2025                                     ORDER DATED: 11/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3590 of
                                                       2025

                                                In F/FIRST APPEAL NO. 4946 of 2025

                       ==========================================================
                                                     MERUJI SOMAJI THAKOR
                                                             Versus
                                               VISHNUBHAI ISHWARBHAI PATEL & ORS.
                       ==========================================================
                       Appearance:
                       MR.MANAN BHATT(6535) for the Applicant(s) No. 1
                       ==========================================================

                            CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                           Date : 11/07/2025

                                                                 ORAL ORDER

1. Heard Mr. Manan Bhatt, learned advocate on record for the

applicant.

2. Noticing the number of days involved, the present application is

taken up for hearing, in absence of the respondents.

3. The applicant is the original claimant, who intended to challenge

the impugned judgment and award dated 21.10.2024 passed in claim

petition preferred under Section 166 of the Motor Vehicles Act, 1988,

whereby the Tribunal has awarded compensation on lower side.

4. Learned advocate for the applicant has submitted that the

applicant belongs to lower strata of the society and is semi literate.

                                                                                                                 NEUTRAL CITATION




                              C/CA/3590/2025                                   ORDER DATED: 11/07/2025

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Though, the impugned judgment was pronounced on 21.10.2024, time

was consumed in seeking legal advise of the remedy available in eye

of law. Necessary documents were collected and the funds were

gathered to meet with the legal expenses. By referring to the

aforesaid averments made in the application, learned advocate has

submitted that there was no mala fide intention or gross inaction on

the part of the applicant to not approach in the appeal within the

stipulated period of limitation. He has, therefore, urged this Court to

take liberal approach, and to condone the delay.

5. Considering the aforesaid submissions of learned advocate for

the applicant, in light of the averments made in the application and

noticing the benevolent legislation, this Court is inclined to exercise

its discretion to condone the delay. Hence, the delay of 24 days caused

in preferring the appeal, is hereby condoned. The Civil Application is

allowed, and stands disposed of.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA