Dahyabhai Nannubhai Nayak vs Patel Amrutbhai Shankarbhai
2025 Latest Caselaw 992 Guj

Gujarat High Court

Dahyabhai Nannubhai Nayak vs Patel Amrutbhai Shankarbhai on 17 July, 2025

                                                                                                               NEUTRAL CITATION




                             C/CA/3663/2025                                    ORDER DATED: 17/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3663 of
                                                      2025

                                               In F/FIRST APPEAL NO. 20993 of 2025

                      ==========================================================
                                               DAHYABHAI NANNUBHAI NAYAK & ORS.
                                                            Versus
                                              PATEL AMRUTBHAI SHANKARBHAI & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3
                      ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 17/07/2025

                                                             ORAL ORDER

1. Heard Mr. Nishit Bhalodi, learned advocate on record for the

applicants- original claimants.

2. Looking at the number of days of delay involved, the present

application is taken up for hearing, in absence of the respondents.

3. 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 24 days caused in preferring the

appeal.

                                                                                                                NEUTRAL CITATION




                             C/CA/3663/2025                                    ORDER DATED: 17/07/2025

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4. Learned advocate for the applicants has mainly relied upon the

averments made in the application, and has submitted that the

applicants were not aware about the legal intricacies involved. The

time was consumed in collecting the relevant papers from the

advocate representing them before the Tribunal, and to arrange for

the legal expenses. 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 applicants, in light of the averments made in the application, it

transpires that the impugned judgment and award was pronounced on

27.02.2025. The advocate had conveyed to the applicants about the

pronouncement of the judgment on 06.04.2025. In the meanwhile, the

certified copy of the same was applied for, which was made available

on 12.03.2025. The applicants, being aggrieved by the award, decided

on lower side, had taken decision to avail the legal remedy available in

eye of law. Hence, they had approach the concerned advocate

practicing in the High Court and the Vakalatnama was handed over on

30.04.2025. It is contended that the time was consumed in arranging

for the funds to meet with the legal expenses, which was extended to

learned advocate on 24.05.2025.

                                                                                                                NEUTRAL CITATION




                             C/CA/3663/2025                                    ORDER DATED: 17/07/2025

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6. Considering the aforesaid explanation offered, this Court is

inclined to accept the aforesaid submissions made by learned

advocate for the applicants, more particularly, noticing the fact that

all throughout, the attempts were made to pursue the matter for

appeal, this Court is inclined to condone the delay of 24 days caused in

preferring the appeal. The delay is condoned. The Civil Application is

allowed, and stands disposed of. No order as to costs.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA