Single judge order condoning a 38-day delay in filing first appeals under Section 5 of the Limitation Act. The court held that the explanation was satisfactory, devoid of malafides, and condoned the delay to advance substantial justice.
Delay of 38 days in filing first appeals was condoned; applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/CA/1584/2021 ORDER DATED: 22/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1584 of 2021
In F/FIRST APPEAL NO. 10734 of 2021 With R/CIVIL APPLICATION NO. 1585 of 2021 With R/CIVIL APPLICATION NO. 1586 of 2021 With R/CIVIL APPLICATION NO. 1587 of 2021 With R/CIVIL APPLICATION NO. 1588 of 2021 With R/CIVIL APPLICATION NO. 1589 of 2021 With R/CIVIL APPLICATION NO. 1590 of 2021
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PATEL AMBALAL VITTHALDAS
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Appearance:
MR ASPI M KAPADIA(1865) for the Applicant(s) No. 1 MR AKASH CHHAYA, AGP (99) for the Respondent(s) No. 2 MS.SHIVANI V TRIVEDI(7225) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 22/09/2021
COMMON ORAL ORDER
Rule returnable forthwith. Learned AGP waives service of notice of rule for respondent No.2 and learned advocate Ms. Shivani Trivedi waives service of notice of rule for respondent No.1.
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C/CA/1584/2021 ORDER DATED: 22/09/2021
SHEKHAR P. BARVE
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2 issues framed by the court
Whether delay of 38 days in filing first appeals can be condoned under Section 5 of the Limitation Act.
Whether the explanation for delay amounts to sufficient cause or malafides.
1 provisions across 1 enactments
GENERAL MANAGER OIL AND NATURAL GAS CORPORATION LTD
PATEL AMBALAL VITTHALDAS
S.H.VORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
