Arvind Smartspaces Limited vs Vaghela Jagdishsinh Bhurabhai
2025 Latest Caselaw 998 Guj

Gujarat High Court

Arvind Smartspaces Limited vs Vaghela Jagdishsinh Bhurabhai on 17 July, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                               NEUTRAL CITATION




                                C/CA/3354/2025                                 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. 3354 of
                                                        2025
                                         In F/FIRST APPEAL NO. 16487 of 2025

                        ==========================================================
                                                ARVIND SMARTSPACES LIMITED
                                                           Versus
                                            VAGHELA JAGDISHSINH BHURABHAI & ORS.
                        ==========================================================
                        Appearance:
                        MR.PARTH CONTRACTOR(7150) for the Applicant(s) No. 1
                        MR ARJUN M JOSHI(11247) for the Respondent(s) No. 3
                        MR MAUNISH T PATHAK(5892) for the Respondent(s) No. 1,2
                        ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                 and
                                 HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                Date : 17/07/2025
                                                 ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 67 days caused in preferring the captioned first appeal.

2. Mr.Parth Contractor, learned advocate for the applicant submitted that immediately on the third day after the pronouncement of the judgment, certified copy was applied for and it was delivered on 04.12.2024; however, the decree was not drawn which, has been recently received on 16.07.2025. It is submitted that after taking necessary instructions, inasmuch as, the issue involved is purely based on law and the objection is based on the judgment of the Larger Bench dated 12.01.2024 passed in the case of Deceased Sheikh Ismailbhai Hushaibhai vs. Ambaal Dhanabhai. It is submitted that therefore after gathering the information and obtaining necessary instructions, the appeal

NEUTRAL CITATION

C/CA/3354/2025 ORDER DATED: 17/07/2025

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came to be filed with a delay of 67 days. It is urged that the delay is bona fide which may kindly be condoned.

3. Mr.Arjun Joshi, learned Advocate appearing for respondent no.3 has vehemently opposed the application and urged that the delay may not be condoned.

4. Pertinently, the subject mater of challenge is the judgment dated 18.11.2024 and immediately after two days i.e. on 20.11.2024, the certified copy was applied which, was ready for delivery on 04.12.2024. According to the applicant, necessary steps were taken; however, some time got consumed in gathering information and documents considering the question of law being raised in the present appeal. As a result whereof, the appeal could be filed after a delay of 67 days.

5. Having regard to the averments made so also the oral submissions and considering the length of delay and explanation offered, this Court, is of the opinion that delay of 67 days caused in filing the captioned appeal, is sufficiently explained and hence, deserves to be condoned and is hereby condoned.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute. No order as to costs.

(SANGEETA K. VISHEN,J)

(MOOL CHAND TYAGI, J) SINDHU NAIR