Arvindbhai Virjibhai Bavariya vs Mahasagar Travel Co Ltd
2025 Latest Caselaw 6839 Guj

Gujarat High Court

Arvindbhai Virjibhai Bavariya vs Mahasagar Travel Co Ltd on 22 September, 2025

                                                                                                               NEUTRAL CITATION




                             C/CA/683/2020                                     ORDER DATED: 22/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 683 of
                                                      2020

                                             In F/FIRST APPEAL NO. 37689 of 2019

                      ================================================================
                                              ARVINDBHAI VIRJIBHAI BAVARIYA
                                                          Versus
                                             MAHASAGAR TRAVEL CO LTD & ANR.
                      ================================================================
                      Appearance:
                      HCLS COMMITTEE(4998) for the Applicant(s) No. 1
                      MR R G DWIVEDI(6601) for the Applicant(s) No. 1
                      MR SUNIL B PARIKH(582) for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1
                      ================================================================

                        CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                              PRACHCHHAK

                                                          Date : 22/09/2025

                                                               ORAL ORDER

1. Present application is filed by the applicant under Section 5 of the Limitation Act for condonation of delay of 659 days caused in preferring the First Appeal.

2. Heard learned advocates appearing for the respective parties.

3. Considering the averments made in the application, I am of the opinion that there is no justifiable reason stated in the application for the delay occurred in filing the captioned First Appeal. Moreover, in view of the recent judgment of the Hon'ble Supreme Court rendered in case of Shivamma (Dead) by LRS vs. Karnataka Housing Board and Ors., reported in 2025 (0) JX(SC) 1187, which mandates that for condoning delay under Section 5 of the Limitation Act, 1963, a day-by-day explanation must be provided for the entire

NEUTRAL CITATION

C/CA/683/2020 ORDER DATED: 22/09/2025

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period from when the limitation period began until the actual date of filing, not just the period of delay itself.

4. In view of above, the present application is hereby dismissed. Rule is discharged.

5. Since the application for condonation of delay itself is dismissed, no further orders is required to be passed in the First Appeal and the same stands disposed of accordingly.

(HEMANT M. PRACHCHHAK,J) Dolly