STATE OF GUJARAT v. LHS OF DECD. BABARBHAI RAYJIBHAI
CA/3240/2025 · 2025-09-15
Devan M Desai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7793 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7793 (GUJ) · dailylaw.ai ]
Judgment text
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C/CA/3240/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3240 of 2025 In F/FIRST APPEAL NO. 16243 of 2025 ========================================================== STATE OF GUJARAT & ORS. Versus LHS OF DECD. BABARBHAI RAYJIBHAI & ANR. ========================================================== Appearance: MR RAHUL DAVE, AGP for the Applicant(s) No. 1,2,3 RULE SERVED for the Respondent(s) No. 1.1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 15/09/2025
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 1172 days which has taken place in filing of first appeal.
2. Heard learned Assistant Government Pleader Mr. Rahul Dave for the applicants. Though served none appears for opponents.
3. Learned AGP submits that the judgment and award dated 01.07.2021 has been assailed by the applicants by way of First Appeal. It is submitted that after receipt of certified copy of
C/CA/3240/2025 ORDER DATED: 15/09/2025 impugned award the process of taking a decision to challenge the appeal was initiated. It is contended that the cause of delay is mainly in the administrative reason and there is no lethargy or inaction on the part of the applicants.
4. Considering the averments made in the application, it is submitted that the decision making process was immediately made into motion however, as the file has traveled through different departments of the applicants, hence the delay has occurred. It is contended that a lenient view be adopted by the Court while the period of delay is not so huge.
6. Having considered the submissions canvassed by the learned advocates for the parties and the averments made in the applications the award dated 01.07.2021 came to be assailed by the applicants by way of this appeal. However, there is a delay in filing the appeal due to the administrative reasons. The reasons assigned in the application indicate that the applicants have remained active all throughout and there is
C/CA/3240/2025 ORDER DATED: 15/09/2025 no intentional delay on the part of the applicants.
7. Considering the reasons stated in the application, and the
submissions canvassed by the learned AGP sufficient cause is made out for condonation of delay, In the interest of justice delay is condoned.
(D. M. DESAI,J) KKN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 16/10/2025 15:43:19