C/CA/3587/2025 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3587 of 2025 In R/MISC. CIVIL APPLICATION NO. 1812 of 2025 With R/MISC. CIVIL APPLICATION NO. 1812 of 2025 In F/FIRST APPEAL NO. 31392 of 2024 ========================================================== VAJUBHAI MAGANBHAI RUDATALA & ANR. Versus GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR. ========================================================== Appearance: MS AMRITA AJMERA(5204) for the Applicant(s) No. 1,2 ========================================================== CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 29/07/2025 ORAL ORDER ORDER IN R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3587 of 2025: 1. Heard Ms. Amrita Ajmera, learned advocate on record for the applicants. 2. The present application is filed under Section 5 of the Limitation Act, praying for condonation of delay of 126 days caused in preferring the Restoration Application. C/CA/3587/2025 ORDER DATED: 29/07/2025 3. Pursuant to the order dated 14.07.2025 passed by this Court, the applicant- Vajubhai Maganbhai Rudatala is present in the Court. The applicant has been identified by learned advocate on record with the Aadhar Card produced on record. The applicant has verified the fact that, though, he is not so literate, however, he can at the most put his signature in hand writing. He has further clarified that he has endorsed thumb impression on the Vakalatnama, and has put his signature in hand writing on the affidavit tendered along with the present application. 4. Considering the aforesaid submissions of learned advocate for the applicants and considering the explanation offered by learned advocate on record for the applicants, as can be borne out from the averments made in the application, it transpires that the only office objection, which was raised by the Registry, was with regard to non- identification of the signature in the affidavit tendered along with the Civil Application for Stay and the Vakalatnama tendered in the First Appeal. Learned advocate undertakes to remove the said office objection during the course of the day, since the applicant himself is present with the identity proof. 5. Considering the aforesaid submissions of learned advocate for C/CA/3587/2025 ORDER DATED: 29/07/2025 the applicant, learned advocate for the applicant is permitted to remove the aforesaid office objection, during the course of the day, for which the original papers are permitted to be shared with learned advocate on record. Hence, the delay of 126 days caused in preferring the Restoration Application, is hereby condoned. The Civil Application is allowed, and stands disposed of. ORDER IN R/MISC. CIVIL APPLICATION NO. 1812 of 2025: Noticing the assurance tendered by learned advocate on record for the applicants and the office objection raised by the Registry, this Court is inclined to exercise its discretion to restore the First Appeal to its original file. Hence, the First Appeal is directed to be restored to its original file, subject to removal of aforesaid office objection, as assured before this Court by learned advocate for the applicants. With the above, the present Misc. Civil Application stands disposed of. (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SUYASH KUMAR SRIVASTAVA(HC01570), PRIVATE SECRETARY, at High Court of Gujarat on 30/07/2025 18:24:24