Deputy General Manager vs Lh Of Late Patel Atmaram Punjidas
2025 Latest Caselaw 6609 Guj

Gujarat High Court

Deputy General Manager vs Lh Of Late Patel Atmaram Punjidas on 15 September, 2025

                                                                                                                    NEUTRAL CITATION




                             C/CA/5516/2024                                          ORDER DATED: 15/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5516 of
                                                   2024

                                              In F/FIRST APPEAL NO. 15216 of 2024

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                                              DEPUTY GENERAL MANAGER
                                                        Versus
                                      LH OF LATE PATEL ATMARAM PUNJIDAS & ORS.
                      ==========================================================
                      Appearance:
                      MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
                      RAHUL DAVE AGP for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8
                      ==========================================================

                        CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                           Date : 15/09/2025

                                                            ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 495 days caused in preferring the First Appeal.

2. Heard learned advocate Mr.Rituraj Meena for the applicant and learned AGP for the respondent - State.

3. Learned advocate for the applicant submitted that the judgment was pronounced on 27.09.2022. A certified copy of the order was applied for on 04.01.2024 and was delivered on 18.01.2024. As soon

NEUTRAL CITATION

C/CA/5516/2024 ORDER DATED: 15/09/2025

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as the Corporation became aware of this, immediate steps were taken to obtain the requisite certified copy and other pertinent documents essential for filing of an appeal. Thereafter, entire documents were sent to the legal section for the necessary opinion. Subsequently, the applicant filed an appeal. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.

4. Having considered the submissions and averments made in the application, the delay is not intentional and there was no lethargy on the part of the applicant. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

NEUTRAL CITATION

C/CA/5516/2024 ORDER DATED: 15/09/2025

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5. The application is allowed and stands disposed of. Rule is made absolute.

(D. M. DESAI,J) MANOJ