High CourtsSingle Bench(2022) 02 GUJ CK 0054

Sumanben Shiva Alias Shivprakashsinh Rajput W/O vs Dilipbhai Appaji Baagal

Gujarat High Court · Decided on 15 February 2022

HON’BLE JUDGES
N.V.Anjaria, J
RESULT
Allowed
CASE NUMBER
R/Civil Application No. 216 Of 2020 In F/First Appeal No. 34540 Of 2019

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Judgment

10 paragraphs · 177 words

N.V.Anjaria, J

1.

Heard learned advocate Mr. Hiren Modi for the applicants and learned advocate Ms. Sejal Mandavia for the respondents

2.

It is to condone the delay of 172 days which has occassioned in preferring the First Appeal that the present application is filed by the applicants

original claimants.

3.

To explain the delay, it is averred in the application that the judgment and award of the Claims Tribunal was delivered on 28.1.2019. Certified copy

was applied immediately after deliverance of the judgment and award. It was stated that the applicants are hailing from the poor strata of the society

and until the amount of compensation awarded by the Tribunal was deposited they did not have the financial means to incur the legal expenses. It was

submitted that delay was bona fide and is not due to any indolence on part of the applicant.

4.

The grounds putforth are acceptable and make out sufficient cause to condone delay of 172 days.

5.

Delay of 172 days is condoned. Civil Application is allowed. Rule is made absolute.