Kutbuddin Samsuddin Saiyed vs Kadar Karim Shaikh
2025 Latest Caselaw 7005 Guj

Gujarat High Court

Kutbuddin Samsuddin Saiyed vs Kadar Karim Shaikh on 26 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/3435/2025                                   ORDER DATED: 26/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3435
                                               of 2025

                                          In F/FIRST APPEAL NO. 7454 of 2025

                      ==========================================================
                                              KUTBUDDIN SAMSUDDIN SAIYED
                                                         Versus
                                               KADAR KARIM SHAIKH & ORS.
                      ==========================================================
                      Appearance:
                      MR MOHSIN M HAKIM(5396) for the Applicant(s) No. 1
                      MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
                      MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 1
                      NOTICE UNSERVED for the Respondent(s) No. 2
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 26/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 578 days caused in preferring the appeal

against the impugned judgment and award.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant submitted that the

delay of 578 days has occasioned owing to the reasons that the

applicant is a poor and he could not arrange the finance for

preferring the appeal. He further submitted that the delay is

neither intentional nor malafide but has occasioned owing to the

NEUTRAL CITATION

C/CA/3435/2025 ORDER DATED: 26/09/2025

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reasons as stated in paragraph 3 and 4 of the application. He

has further submitted that the claimants shall not claim any

interest for the delayed period on the enhanced amount of

compensation, if the appeal is allowed.

4. On the other hand, learned advocate Mr. G. C. Mazmudar

appearing on behalf of the Insurance company submitted that

the considering the facts and circumstances of the present case

appropriate orders may be passed.

5. Having considered the submissions of the learned advocate

for the applicant and having regard to the ground for delay

pressed into service, I am of the considered view that the delay

has been sufficiently explained and the same deserves to be

condoned. Accordingly, the delay is condoned subject to the

condition that the claimant shall not be entitled for the interest

for the delayed period on the enhanced amount of compensation,

if the appeal is allowed. No order as to costs.

6. In view of the above directions, the present application is

disposed of.

(MOOL CHAND TYAGI, J) CDP