R/CR.MA/19502/2025 ORDER DATED: 05/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 19502 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 37611 of 2025 ========================================================== BHUPATBHAI ZAVERBHAI VALA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 1,2,3,4,5 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/12/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. [2.0] This application is ;led under Section 5 of the Limitation Act for condonation of delay of 365 days caused in ;ling the application for restoration of Criminal Misc. Application No.12983/2022. [3.0] I have heard the learned advocates for the respective parties. [4.0] It is submitted by the learned advocate for the applicants that the applicants could not ;le the restoration application in timely fashion because of personal reason and therefore, have requested to condone the delay caused in ;ling the restoration application. Page 1 of 2 R/CR.MA/19502/2025 ORDER DATED: 05/12/2025 [5.0] Learned APP has vehemently opposed the present application. [6.0] Considering the submissions made by the learned advocates for the respective parties, the applicants have mentioned suDcient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the application at threshold and there is no presumption that the delay caused by the applicants is deliberate. In view thereof, the words ‘suDcient cause’ under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bona;de and genuine. There is no smack of mala;de or dilatory tactics on the part of the applicants. [7.0] In view of the above, the delay of 365 days as explained in memo of the application is condoned. The application is accordingly allowed. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 14:46:39