Pathan Mujambilkhan Pirojkhan vs Meruji Ravaji Thakor
2025 Latest Caselaw 7050 Guj

Gujarat High Court

Pathan Mujambilkhan Pirojkhan vs Meruji Ravaji Thakor on 29 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3161/2025                                       ORDER DATED: 29/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3161 of
                                                      2025
                                       In F/FIRST APPEAL NO. 11475 of 2025
                      ==========================================================
                                               PATHAN MUJAMBILKHAN PIROJKHAN
                                                            Versus
                                                 MERUJI RAVAJI THAKOR & ORS.
                      ==========================================================
                      Appearance:
                      MR ANKIT SHAH(6371) for the Applicant(s) No. 1
                      MS SHABY ALVI(12195) for the Applicant(s) No. 1
                      MR KRUNAL R SAKSENA(5915) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 29/09/2025
                                                                ORAL ORDER

1. Heard learned counsel for the applicant.

2. The present application has been preferred for seeking condonation of delay of 543 days caused in preferring the appeal against the impugned judgment and award dated 10.07.2023 passed by the learned Motor Accident Claims Tribunal (Aux.-II), Mahesana at Visnagar in M.A.C.P. No. 1505 of 2012.

3. Ms. Shaby Alvi, learned advocate for the applicant submitted that the delay of 543 days has occasioned owing to the serious financial constraint faced by the applicant as he was not having any means to pay the necessary Court Fee and other legal expenses involved in preferring the appeal. She further submitted that the delay is neither intentional nor malafide, but has occasioned owing to the reasons mentioned

NEUTRAL CITATION

C/CA/3161/2025 ORDER DATED: 29/09/2025

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in detail at para nos. 3 & 4 of the instant application. She further submitted that the applicant shall not claim any interest on the enhancement amount of compensation for the entire period of delay, if the appeal is allowed.

4. Having considered the submissions of the learned counsel for the applicant and having regard to the fact that the applicant could not prefer the appeal within the period of limitation owing to his poverty, in my considered view, constitutes a sufficient ground to condone the delay. Therefore, the delay in preferring the appeal against the impugned judgment and award is hereby condoned, subject to the condition that the claimant shall not claim any interest on the enhanced amount of compensation for the entire period of delay, in case the appeal for enhancement is allowed.

5. In view of the above, the present Civil Application stands disposed of. No order as to costs.

(MOOL CHAND TYAGI, J) ARUN/HARSHIT