Mukeshbhai Kalyansinh Bhoi vs Natvarbhai Fatabhai Mahera
2026 Latest Caselaw 209 Guj

Gujarat High Court

Mukeshbhai Kalyansinh Bhoi vs Natvarbhai Fatabhai Mahera on 22 January, 2026

                                                                                                                      NEUTRAL CITATION




                               C/CA/4786/2025                                         ORDER DATED: 22/01/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4786 of 2025
                                                In F/FIRST APPEAL/28440/2025
                        ==========================================================
                                           MUKESHBHAI KALYANSINH BHOI & ORS.
                                                              Versus
                                          NATVARBHAI FATABHAI MAHERA & ORS.
                        ==========================================================
                        Appearance:
                        NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4
                        NOTICE NOT RECD BACK for the Respondent(s) No. 1,4
                        NOTICE SERVED for the Respondent(s) No. 3,5
                        NOTICE UNSERVED for the Respondent(s) No. 2
                        ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                                                        Date : 22/01/2026
                                                         ORAL ORDER

1. Heard learned advocates for the respective parties. Though served none appears for respondent Nos.3 and 5.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 2107 days caused in filing the appeal on the ground mentioned in para 3 of the present application.

3. Having heard the learned advocates for the respective parties and considering the averments made in this application, it appears that sufficient cause is made out to condone the delay and in view of the object of the legislature, since the Motor Vehicles Act is a benevolent legislation enacted in the interest of justice, and in light of judgment passed by the Hon'ble Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 3222, therefore, the delay of 2107 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed subject to the condition that in the event any award or compensation is passed in favour of the applicant in future, the applicant shall not be entitled to claim interest for the aforesaid period

(HASMUKH D. SUTHAR,J) ALI