Gujarat High Court
Paschim Gujarat Vij Co Ltd & vs Varsingbhai Bhimabhai Barad on 17 February, 2016
Author: S.H.Vora
Bench: S.H.Vora
C/CA/12884/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 12884 of
2014
In FIRST APPEAL (STAMP NUMBER) NO. 3484 of 2014
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PASCHIM GUJARAT VIJ CO LTD & 1....Applicant(s)
Versus
VARSINGBHAI BHIMABHAI BARAD....Respondent(s)
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Appearance:
MR MD RANA, ADVOCATE for the Applicant(s) No. 1 - 2
MR RATILAL V SAKARIA, ADVOCATE for the Respondent(s) No. 1
MR. KRUNAL K MODI, ADVOCATE for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 1.1 - 1.4
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 17/02/2016
ORAL ORDER
1. The present application under Section 5 of the Limitation Act, 1963 ("the Act" for brevity) has been preferred by the applicants for condonation of delay of 10 days caused in filing the First Appeal.
2. Reasons for delay caused in preferring the appeal are narrated in paras 2 to 4 of the application.
3. The words, "Sufficient cause for not making application within the period of limitation" should be applied in a reasonable and liberal manner depending upon the facts and Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Feb 18 03:09:30 IST 2016 C/CA/12884/2014 ORDER circumstances of the case and the type of the case. The expression "sufficient cause" in section 5 of the Act needs liberal construction so as to advance substantial justice when the delay is not on account of any negligence or inaction or want of bona fide or dilatory tactics on the part of the applicants. In nutshell, the decisive factor for condonation of delay is not length of delay but sufficiency and satisfactory explanation. Since there is nothing on record so as to infer inaction or want of bona fide that can be attributed to the applicants, the applicants cannot be non-suited at threshold and thus, cannot be deprived of substantial justice which has been made available to the applicants by way of statutory appeal. In order to advance substantial justice to the applicants and as the explanation for delay does not smack mala fide, the delay caused in preferring the appeal is hereby condoned. The application stands disposed of. Rule is made absolute to the aforesaid extent.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 18 03:09:30 IST 2016