Chandrakantbhai Janabhai Makwana vs Akshay Kishorbhai Bakadia
2025 Latest Caselaw 6847 Guj

Gujarat High Court

Chandrakantbhai Janabhai Makwana vs Akshay Kishorbhai Bakadia on 22 September, 2025

                                                                                                              NEUTRAL CITATION




                               C/CA/5670/2024                                 ORDER DATED: 22/09/2025

                                                                                                              undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5670 of
                                                     2024

                                                In F/FIRST APPEAL NO. 31076 of 2024

                       ==========================================================
                                      CHANDRAKANTBHAI JANABHAI MAKWANA & ORS.
                                                       Versus
                                          AKSHAY KISHORBHAI BAKADIA & ANR.
                       ==========================================================
                       Appearance:
                       MR MONAL S CHAGLANI(10240) for the Applicant(s) No. 1,2,3,4,5
                       RULE SERVED for the Respondent(s) No. 1,2
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 22/09/2025

                                                           ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 92 days caused in preferring the appeal against the impugned judgment and award dated 12.04.2024 passed by the learned Motor Accident Claims Tribunal (Aux.) at Jetpur, Rajkot in M.A.C.P. No. 90 of 2022.

2. Heard learned advocate for the applicants.

3. Learned advocate for the applicants, submitted that owing to the reason that the learned advocate who was handling the claim petition before the learned Tribunal had not intimated the parties regarding the passing of the impugned order in time; and he could only intimate the same on the last week of September, 2024, and therefore, a delay

NEUTRAL CITATION

C/CA/5670/2024 ORDER DATED: 22/09/2025

undefined

92 days has occurred in the process of filing of appeal. He further submitted that the said delay is neither intentional nor mala fide, but has occasioned owing to the aforementioned reason of non-intimation of the passing of the impugned judgment and award to the claimants in time.

5. Having considered the submissions of the learned advocate for the applicants and having regard to the ground of delay mentioned in the present application, in my considered view, the delay has been sufficiently explained. 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 92 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) GIRISH