Gujarat High Court
Regional Manager, Gujarat Industrial ... vs Official Liquidator Of Kanoria Dyechem ... on 27 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/480/2025 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 480 of
2025
In
F/O.J.APPEAL NO. 36655 of 2024
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REGIONAL MANAGER, GUJARAT INDUSTRIAL DEVELOPMENT
CORPORATION
Versus
OFFICIAL LIQUIDATOR OF KANORIA DYECHEM LTD & ANR.
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Appearance:
VIKAS V NAIR(7444) for the Applicant(s) No. 1
MR ABHIJIT P JOSHI(1330) for the Respondent(s) No. 1
MR. AADIT R SANJANWALA(9918) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 27/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 206 days in preferring the OJ Appeal against order dated 17.02.2023 passed by the Company Judge in Company Application No.65 of 2017.
2. Rule was issued on 27.01.2025 returnable on 27.02.2025. In response to the Rule, learned Advocate Mr.Abhijit Joshi has appeared for respondent No.1 and learned Advocate Mr.Aadit R.Sanjanwala appears for respondent No.2. Page 1 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:03:30 IST 2025
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3. Learned Advocate for the applicant has drawn attention of this Court to the contents of paras-5 to 7 of the application and submitted that the delay is caused due to procedural aspects and it is not intentional.
4. Learned advocate for the respondents formally opposes the grant of application.
5. Considering the aforesaid, particularly, period of 206 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
6. Considering the submissions and the contents of the application mentioned hereinabove, the delay is also explained sufficiently.
7. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
8. In view of the aforesaid, the application is allowed. The delay of 206 is hereby condoned. Rule is made absolute. Page 2 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:03:30 IST 2025
NEUTRAL CITATION C/CA/480/2025 ORDER DATED: 27/11/2025 undefined
9. Registry is directed to list the main appeal on 19.12.2025.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) SHITOLE Page 3 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Nov 28 2025 Downloaded on : Sat Nov 29 00:03:30 IST 2025