Gujarat High Court
Rekhaben W/O Rakeshsinh Shaileshbhai ... vs Palav Navneetbhai Shah on 26 June, 2025
NEUTRAL CITATION
C/CA/3302/2025 ORDER DATED: 26/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3302 of
2025
In F/FIRST APPEAL NO. 29286 of 2024
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REKHABEN W/O RAKESHSINH SHAILESHBHAI PARMAR & ORS.
Versus
PALAV NAVNEETBHAI SHAH & ANR.
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Appearance:
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 26/06/2025
ORAL ORDER
1. Heard Ms. Kinjal Patel learned advocate appearing on
behalf of Vaibhav N. Sheth learned advocate on record for
the appellants-original claimants. Noticing the number of days
of delay involved in preferring the present application seeking
condonation of delay, the present appeal is taken up for
hearing in the absence of the respondents.
2. The present application is filed under Section 5 of
Limitation Act read with Section 173(1), of the Motor Vehicle
Act, 1988 seeking condonation of delay of 33 days caused in
preferring the appeals.
3. At the outset, learned advocate has referred to the
NEUTRAL CITATION
C/CA/3302/2025 ORDER DATED: 26/06/2025
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averments made in the application and has pointed out that
the impugned judgment and award was pronounced on
31.05.2024, the certified copy of the same was applied on
05.06.2025, which was received on 12.06.2025. She has
further pointed out that the applicants were never informed
about the passing of the award. Since, the applicants have
lost touch with advocate on record as they reside in the
interior part of small village. The applicants having acquired
knowledge about the passing of the impugned judgment and
award, had sought legal advise with regard to the legal
remedy available to seek enhancement of amount of
compensation. The advocate on record had guided the
applicants to challenge the judgment in higher forum by filing
an appeal. The advocate had provided the certified copy of
the award in the month of August,2024. The applicants
having approached to the advocates of higher forum had
realized that the legal expenses are to be incurred in
presenting the appeal. By referring to the aforesaid
explanation, learned advocate had submitted that all
throughout the applicants were pursuing the matter to seek an
amount of compensation to avail the legal remedy available.
However, because of the circumstances pointed out, they
could not approached in appeal within the stipulated period
of limitation. She has therefore, urged this Court to take
liberal approach more particularly when the applicants have
NEUTRAL CITATION
C/CA/3302/2025 ORDER DATED: 26/06/2025
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in fact pursue the proceedings as an indigent person and are
financially not well to meet with the legal expenses, time was
consumed.
4. Considering the aforesaid submissions of learned
advocate for the applicant in light of the averments made in
the application and noticing the fact that the dismissal of
their application at the delay condonation stage may take
away their right to present their case on merits for
enhancement of compensation, this Court is inclined to take
liberal approach and to condone delay of 33 days caused in
preferring the appeal. Hence, present application is allowed.
No order as to costs.
(NISHA M. THAKORE,J)
Parul Dutta
