C/CA/3821/2025 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3821 of 2025 In F/FIRST APPEAL NO. 15639 of 2025 ========================================================== MITESHBHAI DURLABHJIBHAI AMRUTIYA Versus TULSIBHAI SADURBHAI JAT & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1 MR PALAK H THAKKAR(3455) for the Respondent(s) No. 8 NOTICE SERVED for the Respondent(s) No. 2,3,4,6 NOTICE THROUGH RPAD NOT RECEIVED BACK for the Respondent(s) No. 7 SERVED BY RPAD (N) for the Respondent(s) No. 5 UNSERVED EXPIRED (N) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 14/10/2025 ORAL ORDER 1. Heard learned counsel for the applicant. 2. Learned counsel for the applicant submitted that the delay of 357 days has occasioned in preferring the appeal against the impugned judgment and award dated 09.02.2024 passed by learned Tribunal in MACP No.135/2016. He further submitted that owing to the poverty of the applicant, the applicant could not arrange the necessary finance to pay the requisite Court fee and other expenses involved in preferring the appeal. He further submitted that the applicant undertake to waive the interest for the delayed period, on the enhanced amount of compensation, if the appeal for enhancement is allowed. C/CA/3821/2025 ORDER DATED: 14/10/2025 3. On the other hand, Mr. Palak H. Thakkar, learned counsel appearing on behalf of respondent no.8-insurance company submitted that considering the facts and circumstances, the appropriate order may be passed. 4. Having considered the submission of the learned counsel for the applicant and having regard to the grounds of delay pressed into service, in my considered view, constitutes a sufficient cause to condone the delay subject to the condition that the claimants shall not be entitled for any interest, on the enhanced amount of compensation for the delayed period, in case, the appeal for enhancement is allowed. In view of the above, the delay is condoned and the present application stands allowed. No order as to costs. (MOOL CHAND TYAGI, J) HARSHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 14/10/2025 17:44:15