Bhargav Hitendrabhai Pandya vs Arvindbhai Ramjibhai Parmar
2025 Latest Caselaw 1101 Guj

Gujarat High Court

Bhargav Hitendrabhai Pandya vs Arvindbhai Ramjibhai Parmar on 9 June, 2025

                                                                                                           NEUTRAL CITATION




                            C/CA/2975/2025                                  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.
                                            2975 of 2025
                                In F/FIRST APPEAL NO. 11722 of 2025
                     =============================================
                                       BHARGAV HITENDRABHAI PANDYA
                                                   Versus
                                     ARVINDBHAI RAMJIBHAI PARMAR & ANR.
                     =============================================
                     Appearance:
                     NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                     =============================================
                       CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                                      Date : 09/06/2025
                                                         ORAL ORDER

1. Heard Mr. Nishit A. Bhalodi, learned Advocate on record for the applicant-original claimant. Issue rule returnable forthwith.

2. Looking at the minimal number of days involved in the present application in preferring the captioned appeal, the present application seeking condonation of delay is taken up for hearing in absences of the respondents.

3. The learned Advocate at the outset has invited my attention to the averments made in the application and has submitted that the impugned Judgment and Award was pronounced on 14.11.2024 and the certified copy of the same was applied on 18.11.2024, which was delivered on 23.12.2024. Learned Advocate had further pointed out

NEUTRAL CITATION

C/CA/2975/2025 ORDER DATED: 09/06/2025

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that the applicants were made aware about their right to prefer an appeal or seeking enhancement of amount of compensation and accordingly, the applicant had approached the Advocate to pursue the appeal before this Court. The Vakalatnama in this regard was signed on 24.02.2025. The applicant was made aware about the expenses towards the requisite Court Fees involved in filing of the appeal. Accordingly, the arrangement was made on 12.03.2025 and the copy of the Judgment sent to the High Court Advocate on 18.03.2025 and the decision was finally taken to submit the appeal on 24.03.2025. In the process, the delay of 16 days had crept in. The application for condonation of delay was drafted and submitted on 25.03.2025. By making aforesaid submissions, the learned Advocate has submitted that the applicant being not highly educated was not aware about the intricacies involved and in the process, the delay has crept in. He has further submitted that the applicant has good case on merits whereby he intends to seek enhancement of the amount of compensation. He had, therefore, urged this Court to take liberal view and to condone the delay.

4. Looking to the aforesaid submissions made by the learned Advocate for the applicant, in the opinion of this Court, sufficient cause is made out to consider their case for condonation of delay. The delay of 16 days caused in

NEUTRAL CITATION

C/CA/2975/2025 ORDER DATED: 09/06/2025

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preferred the captioned appeal deserves consideration and is hereby condoned. Rule is made absolute accordingly. The present application stands allowed.

(NISHA M. THAKORE,J) Krupa Patel