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Judgment
S. Ravi Kumar, Chairperson
Heard Advocates for parties through Video Conference.
This application is filed to condone delay of 31 days in preferring the appeal.
Advocate for Applicants submitted that Applicants approached Hon'ble High Court of Gujarat at Ahmedabad in view of the pandemic situation and Writ was pending till August before the High Court and thereafter appeal is filed in the month of August i.e. on 23/08/2021 and that is how the delay is caused.
Advocate for Respondent Bank opposed the application and submitted that delay of 31 days is not correct and according to Bank, delay is 92 days.
I have perused the material papers and the contentions of both parties. There is no dispute that the Applicants approached Hon'ble Gujarat High Court against the very same order and writ was pending there till 06.08.2021.
Considering these aspects and the facts stated in the application, without prejudice to the rights of both parties, I am of the view that delay can be condoned as it is not deliberate . For these reasons, condonation of delay application is allowed and office shall register the appeal if it is otherwise in order.
Application is ordered accordingly.