Allowed

Shailesh Kumar Singh S/O Late Mr. Bhagwat Roy v. Executive Director and Appellate Authority

Gujarat HC16 Dec 2021CA/387/2021

Case brief

AI extract

What is this about?

In a civil application under Section 5 of the Limitation Act to condone a 193-day delay in filing an appeal, this bench condoned the delay subject to the payment of Rs. 10,000/- costs to the Legal Service Committee.

What did the court decide?

Delay of 193 days condoned upon payment of Rs. 10,000/- costs to Legal Service Committee within 4 weeks. Application disposed.

Shailesh Kumar Singh S/O Late Mr. Bhagwat… — Pension and Retirement Benefits | Gujarat HC (2021)

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C/CA/387/2021 ORDER DATED: 16/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CIVIL APPLICATION NO. 387 of 2021 In F/LETTERS PATENT APPEAL NO. 2212 of 2021

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========================================================== SHAILESH KUMAR SINGH S/O LATE MR. BHAGWAT ROY Versus

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EXECUTIVE DIRECTOR AND APPELLATE AUTHORITY,

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==========================================================

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Appearance:

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MR VISHWAS K SHAH(5364) for the Applicant(s) No. 1 MR DARSHAN M PARIKH(572) for the Respondent(s) No. 3 RULE SERVED(64) for the Respondent(s) No. 1,2,4

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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and

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HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 16/12/2021 ORAL ORDER (PER : HONOURABLE MR. JUSTICE S.H.VORA)

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By way of present application under Section 5 of the Limitation Act, the applicant seeks to condone the delay of 193 days caused in preferring the captioned appeal against the judgment dated 6.8.2019 passed in Special Civil Application No.13841 of 2017.

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We have considered the averments made in the application, more particularly in para-3 and also the affidavit-in-reply submitted by the respondent No.3. It appears that the appellant took time to decide whether to file appeal or not after paying the gratuity amount. Further, it appears that there was long gap in getting the delivery of the certified copy on account of delay in uploading the order.

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While opposing the present application, learned advocate Mr. Darshan Parikh for the respondent No.3 relied on the decision rendered in case of Balwant Singh v. Jagdish Singh &

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Page 1 of 2

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C/CA/387/2021 ORDER DATED: 16/12/2021

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Ors. reported in [(2010) 8 SCC 685] so as to contend that the applicant was careless and indiligent in approaching the Court and therefore, the delay is not bonafide.

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Considering the submissions made at bar, more particularly averments in para-3 of the application and further considering the fact that after compliance of the order of learned Single Judge the present application is filed and considering the grounds to condone the delay, we deem it fit to condone the delay by imposing some costs on the applicant.

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In the facts and circumstances of the case, delay of 193 days is condoned subject to payment of cost of Rs.10,000/-, which will be deposited with Legal Service Committee, Gujarat High Court within 4 weeks from today. The application stands disposed of accordingly. Rule is made absolute to aforesaid extent.

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(S.H.VORA, J)

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(ANIRUDDHA P. MAYEE,J)

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KAUSHIK D. CHAUHAN

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Page 2 of 2

Shailesh Kumar Singh S/O Late Mr. Bhagwat Roy v. Executive Director and Appellate Authority

Case brief

What is this about?

What did the court decide?

Shailesh Kumar Singh S/O Late Mr. Bhagwat Roy v. Executive Director and Appellate Authority

Case brief

What is this about?

What did the court decide?

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