Gujarat High Court
Begadiya Sunilbhai Rameshbhai vs Merunishaben Mahamadkhan Bihari on 9 June, 2025
NEUTRAL CITATION
C/CA/2799/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2799 of
2025
In F/FIRST APPEAL NO. 15012 of 2025
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BEGADIYA SUNILBHAI RAMESHBHAI
Versus
MERUNISHABEN MAHAMADKHAN BIHARI & ANR.
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Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1
MR KK THAKKAR(2834) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Mr. Shivam Joshi, learned advocate for Mr. Kaash
K. Thakkar learned advocate on record for the applicant. Issue
rule returnable forthwith.
2. Looking to the minimal number of days involved in
preferring the captioned appeal, the present application
seeking condonation of delay is taken up for hearing in
absence of the respondents. At the outset, learned Advocate
has invited my attention to the averments made in the
application and has submitted that the applicant is aggrieved
and dissatisfied with the judgment and award dated
24.12.2024 passed by the Tribunal. The learned Advocate has
submitted that by awarding an amount of compensation on
the lower side the Tribunal has ignored the well settled
principle of law laid down by Hon'ble Supreme Court. Learned
NEUTRAL CITATION
C/CA/2799/2025 ORDER DATED: 09/06/2025
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Advocate has further submitted that the applicant was
informed about the pronouncement of the impugned judgment
and award in the second week of February 2025 and after
obtaining the copy of the award, he was dissatisfied with the
extent of which the amount of compensation was awarded. He
had therefore collected the papers from the learned Advocate
on record before the Tribunal and had sought advice to
approach in appeal. He has further pointed out that the
applicant had come to Ahmedabad in last week of March,
2025, however in absence of adequate papers, further time
was consumed and finally the appeal memo was drafted
around 6th April 2025. By referring to the aforesaid dates,
learned Advocate has urged this Court to take liberal view as
there was no lack of any bona-fides or willful inaction to cause
the delay. However, because of the circumstances beyond his
control, delay of 30 days had crept in, in preferring the
appeal. Learned Advocate has lastly submitted that the
applicant has good case on merits and he may not be deprived
to address his case for enhancement.
3. Considering the aforesaid submissions of learned
advocate for the applicant, in light of the averments made in
the application, this Court is of the view that refusing to
condone delay would result into the case being thrown out at
the very threshold which may ultimately not advance the
cause of justice. Taking liberal view of the matter and the
explanation offered which otherwise does not smack of any
mala fides or any dilatory strategy on part of the applicant,
this Court is inclined to exercise its discretion and condone
NEUTRAL CITATION
C/CA/2799/2025 ORDER DATED: 09/06/2025
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the delay. The delay of 30 days caused in preferring the
captioned appeal is hereby condoned. Present application
stands allowed to the aforesaid extent.
(NISHA M. THAKORE,J)
Krupa Patel
