Leelaben Dhanabhai Vankar vs Faruq Abdulrajjaq Sadamas
2025 Latest Caselaw 6806 Guj

Gujarat High Court

Leelaben Dhanabhai Vankar vs Faruq Abdulrajjaq Sadamas on 19 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/1406/2025                                   ORDER DATED: 19/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1406
                                               of 2025

                                 In F/MISC. CIVIL APPLICATION NO. 30057 of 2023

                      ==========================================================
                                            LEELABEN DHANABHAI VANKAR
                                                      Versus
                                         FARUQ ABDULRAJJAQ SADAMAS & ORS.
                      ==========================================================
                      Appearance:
                      MR V B MALIK(5071) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 19/09/2025

                                                            ORAL ORDER

1. Heard learned advocate for the applicant. Learned advocate

for the applicant submitted that the delay of 237 days has

occasioned in preferring the MCA for restoration of the First

Appeal preferred against the impugned judgment and award

dated 11.07.2018 passed in MACP no.1859 of 2003 passed by

the Motor Accident Claim Tribunal (Auxiliary) Panchmahal at

Godhra.

2. Learned advocate for the applicant submitted that the

applicant could not receive the certified copies in time, therefore,

the office objections could not be removed. He further submitted

that the applicant is illiterate poor lady, she was not aware about

the nuance of the laws, therefore, the steps could not be taken in

NEUTRAL CITATION

C/CA/1406/2025 ORDER DATED: 19/09/2025

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time.

3. Having considered the submissions of the learned advocate

for the applicant and having regard to the poverty of the

applicant, who could not arrange the necessary funds for

preferring an appeal within the period of limitation, in my

considered opinion, constitutes a sufficient ground for condoning

the delay. Thus, having regard to the facts and circumstances of

the present case and in view of the law laid down by the Hon'ble

Supreme Court of India in the case of Collector, Land

Acquisition, Anantnag & Anr. v. MST. Katiji & Ors. [AIR

1987 SC 1353], the delay of 237 days caused in preferring the

MCA is hereby condoned. The present Civil Application stands

allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) CDP