State Of Gujarat Through Deputy ... vs Shivabhai Lakhabhai
2025 Latest Caselaw 6842 Guj

Gujarat High Court

State Of Gujarat Through Deputy ... vs Shivabhai Lakhabhai on 22 September, 2025

                                                                                                                  NEUTRAL CITATION




                                C/CA/22/2021                                      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. 22 of 2021

                                               In F/FIRST APPEAL NO. 28712 of 2020

                      ==========================================================
                                STATE OF GUJARAT THROUGH DEPUTY SECRETARY & ORS.
                                                       Versus
                                            SHIVABHAI LAKHABHAI & ORS.
                      ==========================================================
                      Appearance:
                      MR BHAVESH DESAI, AGP for the Applicant(s) No. 1,2,3
                      ABATED for the Respondent(s) No. 1,4
                      MR N V RAVAL(11267) for the Respondent(s) No. 2,3
                      MR VIJAY N RAVAL(2025) for the Respondent(s) No. 2,3
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                         Date : 22/09/2025

                                                           ORAL ORDER

1. This is an application under Section 5 of Limitation

Act for condonation of delay of 502 days in filing the

first appeal.

2. Heard learned AGP, Mr. Bhavesh Desai for the

applicant. Though served, none appears for the

respondents.

NEUTRAL CITATION

C/CA/22/2021 ORDER DATED: 22/09/2025

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3. Learned AGP submitted that after pronouncement of

judgment and award in reference proceedings on

04.05.2018, the process of challenging the appeal was

initiated by the concerned department of the applicants.

It is contended that the file has traveled through different

departments of the applicants. It is further contended that

there is no intentional delay on part of the applicants.

The delay is only due to procedural aspects. It is also

contended that the applicants have strong case both on

facts as well as in law. Except above, no other

submissions, are made by learned AGP.

4. Considering the averments made in the application

and more particularly, in absence of any challenge by the

respondents with regard to the reasons stated in the

application, it appears that the applicants have remained

vigilant in taking the decision to challenge the impugned

award. Since, the reasons assigned in the application are

NEUTRAL CITATION

C/CA/22/2021 ORDER DATED: 22/09/2025

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reasonable, the justice oriented view is required to be

adopted by accepting the explanation canvassed by the

applicants. 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 oriented

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, delay is condoned.

5. Accordingly, the Civil Application is disposed of.

(D. M. DESAI,J) PD