Keshavbhai S/O Juthabhai Jethwa vs Tourism Officer, Gujarat Tourism ...
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Gujarat High Court

Keshavbhai S/O Juthabhai Jethwa vs Tourism Officer, Gujarat Tourism ... on 25 June, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                                 NEUTRAL CITATION




                             C/CA/1815/2025                                      ORDER DATED: 25/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1815 of
                                                    2025

                                      In F/LETTERS PATENT APPEAL NO. 2374 of 2025

                      ==========================================================
                                     KESHAVBHAI S/O JUTHABHAI JETHWA
                                                  Versus
                         TOURISM OFFICER, GUJARAT TOURISM CORPORATION LTD & ORS.
                      ==========================================================
                      Appearance:
                      MR ANAND B GOGIA(5849) for the Applicant(s) No. 1
                      MR. GAURAV A. GOGIA(14128) for the Applicant(s) No. 1
                      MR KUNAN B NAIK(3210) for the Respondent(s) No. 1,2
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                                 and
                                 HONOURABLE MR.JUSTICE R. T. VACHHANI

                                                  Date : 25/06/2025
                                                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 90 days in filing the captioned appeal.

2. Pursuant to the order dated 16.04.2025, the applicant has filed an additional affidavit explaining the delay of 90 days. The relevant paragraphs are as under:

"3. That, the Certified Copy of the Judgment was delivered to the Advocate of the Appellant on 18.10.2024 & thereafter, the Certified Copy of the same was sent through Courier / Post to the Appellant, which was received by the Appellant after a lapse of about 6-7 days. The Applicant /Appellant is an illiterate person; and went to his first Advocate in first week of November 2024 to know about the reasons assigned in the Judgement for dismissal of his petition.

                                                                                                                  NEUTRAL CITATION




                               C/CA/1815/2025                                    ORDER DATED: 25/06/2025

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4. That, thereafter, the Appellant did not wish to continue with the earlier Advocate and was consulting other Advocates to know the merits of the case and estimated expenses for filing Appeal, including Advocate's fees; About two months time was spent in arranging money from his relatives etc, to meet with expenses for filling Appeal. As the Appellant was staying in a remote Village, i.e., Village Chudava, which is approximately 330 KMs away from Ahmedabad. There was also communication gap between the Appellant and the Advocates of Ahmedabad to whom he was consulting.

5. Thereafter, lastly the Applicant to decided engage Advocate and to file the subject Appeal.

6. Thus, the delay caused in filing the subject Appeal is neither, deliberate, nor malafide nor intentional. The Applicant has fair and meritorious case for challenge before this Hon'ble Court. The delay caused in filing Appeal was for such above reasons, which were beyond the control of Applicant."

3. We find the aforesaid explanation palatable for condoning the delay of 90 days. Hence, in the interest of justice, delay of 90 days is condoned.

4. The present application stands allowed. Registry to give pakka number to the captioned appeal and list the same in seriatim.

(A. S. SUPEHIA, J)

(R. T. VACHHANI, J) MVP/27