Gujarat High Court
Suthar Ravindra Haribhai vs Ravina Bharatkumar Thakor on 15 July, 2025
NEUTRAL CITATION
C/CA/315/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 315 of
2025
In F/FIRST APPEAL NO. 36755 of 2024
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SUTHAR RAVINDRA HARIBHAI & ANR.
Versus
RAVINA BHARATKUMAR THAKOR
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1,2
MR. MANTHAN V SHUKLA(10021) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 15/07/2025
ORAL ORDER
1. Heard Party-in-person- Mr. Ravindra H. Suthar, who has
appeared before this Court, and has presented his case for
condonation of delay. Learned advocate Mr. Manthan Shukla has
appeared on behalf of respondent no.1- original claimant.
2. The present application is filed under Section 5 of the Limitation
Act, 1963, read with Section 173(1) of the Motor Vehicles Act, 1988,
praying for condonation of delay of 643 days caused in preferring the
appeal.
3. The party-in-person, at the outset, has submitted that though
NEUTRAL CITATION
C/CA/315/2025 ORDER DATED: 15/07/2025
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the impugned judgment and order was pronounced on 22.12.2022,
the applicant was not aware about the aforesaid pronouncement. It
was only when the applicant was served with notice issued by the
Tribunal in execution proceedings initiated by the present
respondent-original claimant, he became aware about passing of the
impugned judgment and award against him.
4. Learned advocate for the respondent has forcefully objected to
the aforesaid submissions. However, he is unable to controvert the
aforesaid assertions made by the applicant about having derived the
knowledge of passing of the impugned judgment and award.
According to learned advocate, all throughout the applicant was
represented through a lawyer, and therefore, the aforesaid assertions
made by the applicant are an after thought.
5. In rejoinder, the applicant has invited attention of this Court to
the fact that pursuant to the order dated 22.01.2025 passed by his
Court, the entire decreetal amount with proportionate costs and
interest has been deposited with the concerned Tribunal. He
therefore, submits that since the execution proceedings are in
progress and are scheduled for hearing on 19.07.2025, this Court may
take liberal approach and condone the delay, and extend an
NEUTRAL CITATION
C/CA/315/2025 ORDER DATED: 15/07/2025
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opportunity of presenting his case on merits. Otherwise, the whole
exercise of him pursuing the present matter will become infructuous,
in absence of any stay being granted.
6. Considering the overall circumstances brought on record, this
Court is inclined to accept the aforesaid explanation given by the
applicant to be a sufficient cause for accepting his prayer for
condonation of delay. Hence, the delay of 643 days caused in
preferring the appeal, is hereby condoned. The Civil Application is
allowed, and stands disposed of. Rule is made absolute to the
aforesaid extent.
7. Registry is directed to register the First Appeal forthwith, and
notify the same for admission hearing on 18.07.2025.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
