Hitendrakumar Babubhai Patel vs Salam Abdulrauf Saburiya
2025 Latest Caselaw 6327 Guj

Gujarat High Court

Hitendrakumar Babubhai Patel vs Salam Abdulrauf Saburiya on 4 September, 2025

                                                                                                              NEUTRAL CITATION




                             C/CA/4629/2025                                    ORDER DATED: 04/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4629 of
                                                        2025
                                         In F/FIRST APPEAL NO. 26497 of 2025
                      ==========================================================
                                               HITENDRAKUMAR BABUBHAI PATEL
                                                          Versus
                                              SALAM ABDULRAUF SABURIYA & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      ==========================================================
                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                             Date : 04/09/2025
                                                ORAL ORDER

1. Heard learned advocate on record for the applicant- original

claimant.

2. The present application is filed under Section 5 of the Limitation

Act, 1963, read with Section 173(1) of the Motor Vehicles Act, 1988,

praying for condonation of delay of 48 days caused in preferring the

appeal.

3. Noticing the minimal number of days involved and the

explanation offered, the present application is taken up for hearing,

without issuing any notice to the respondents.

4. It is mainly averred in the application that the applicant was

made aware about the pronouncement of judgment and award dated

29.03.2025 on 06.06.2025. The advocate on record for the applicant

had advised the applicant to approach in appeal before this Court for

NEUTRAL CITATION

C/CA/4629/2025 ORDER DATED: 04/09/2025

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enhancement of amount of compensation, as against the amount

awarded by the Tribunal. It is further submitted that the Vakalatnama

was provided to the advocate on record on 24.06.2025. However,

since the applicant was required to make arrangement for Court Fees

and legal expenses, further time was consumed in making the

arrangement for funds. Ultimately, the applicant could arrange the

amount on 18.07.2025, and had approached the advocate practicing in

High Court on 24.07.2025 with certified copy of the judgment assailed.

5. Noticing the aforesaid averments made in the application, which

are stated on oath, it transpires that there is no gross negligency or

inaction on the part of the applicant to not to approach this Court in

appeal, within stipulated period of limitation. In absence of any mala

fide intention, the explanation offered is found to be sufficient, which

prevented the applicant from approaching this Court, within

stipulated period of limitation. Noticing the benevolent legislation

and taking liberal view, this Court is inclined to accept the aforesaid

submissions to be a sufficient cause for the purpose of considering

the prayer for condonation of delay. Hence, the delay of 48 days

caused in preferring the appeal, is hereby condoned. The Civil

Application is allowed, and stands disposed of.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA/SFS/04/09