Gujarat High Court
Dgvcl And Its Engineer vs Nikhil Gunwantbhai Parmar on 24 November, 2021
Author: B.N. Karia
Bench: B.N. Karia
C/SCA/17098/2021 ORDER DATED: 24/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17098 of 2021
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DGVCL AND ITS ENGINEER
Versus
NIKHIL GUNWANTBHAI PARMAR
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Appearance:
MR RITURAJ M MEENA(3224) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 24/11/2021
ORAL ORDER
By preferring present petition, petitioner has requested to quash and set aside the order dated 01.03.2021 passed by the learned 14th Additional District and Sessions Judge, Surat in CMA-DC-158 OF 2016 qua dismissing of the suit for default.
Heard learned advocate for the petitioner.
It was submitted by learned advocate for the petitioner that physical function of the court below was started from 1 st March 2021 and on the very same day, learned advocate appearing for the petitioner was not present before the court below and nobody appeared on behalf of the petitioner in application for condonation of delay being CMA-DC-158 of 2016 in filing Restoration Application by the petitioner, and therefore, an application preferred by the petitioner was dismissed for default with cost of Rs. 50,000/-. It was further Page 1 of 3 Downloaded on : Wed Jan 12 03:57:26 IST 2022 C/SCA/17098/2021 ORDER DATED: 24/11/2021 submitted by learned advocate for the petitioner that as per the order passed by the court below on 1st March 2021, Rs. 50,000/- has been deposited by the present petitioner before the District Legal Service Authority, Surat within a time. That, on account of non-appearance of learned advocate appearing for the petitioner in the application for condonation of delay, petitioner being a Government Company should not be punished. That, necessary action is taken by the petitioner against the advocate by issuing show cause notice.
Having heard learned advocate for the petitioner and fact that delay condonation application was dismissed for default by the court below on 1st March 2021, to decide this petition and considering the issue involved in the petitioner, no notice is required to be issued to the respondent as the cost of Rs. 50,000/-, as ordered by the court below, is deposited before the District Legal Service Authority, Surat as submitted by learned advocate for the petitioner.
It appears that as per the observations made in para 16 of the order made by the court below, Court resumed the physical function on 1st March 2021. On the very first day of physical functioning of the court below, learned advocate for the petitioner remained absent before the court. As per the submissions made by learned advocate for the petitioner, no information was given to the petitioner by the learned advocate Page 2 of 3 Downloaded on : Wed Jan 12 03:57:26 IST 2022 C/SCA/17098/2021 ORDER DATED: 24/11/2021 appearing for the petitioner before the court below in Delay condonation application No. 158 of 2016 fixed on 01.03.2021, and therefore, nobody remained present before the court from the petitioner and application was dismissed for default. The approach of the court below in dismissing application for condonation of delay appears to be incorrect and inappropriate in such a way. An opportunity to decide application for condonation of delay is required to be given to the present petitioner.
Hence, an impugned order dated 01.03.2021 passed by the learned 14th Additional District and Sessions Judge, Surat in CMA-DC-158 OF 2016 is hereby quashed and set aside and the said application shall be restored to its original file.
Learned14th Additional District and Sessions Judge, Surat shall decide application preferred by the petitioner for condoning the delay caused in filing restoration application on its merits after hearing the respective parties.
(B.N. KARIA, J) K. S. DARJI Page 3 of 3 Downloaded on : Wed Jan 12 03:57:26 IST 2022