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CA/16458/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 16458 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 3838 of 2010
To
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 16460 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 3840 of 2010
=========================================================
KOLI
VALJIBHAI SINDHABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MEHUL S SHAH for
Petitioner(s) : 1,MR SURESH M SHAH for Petitioner(s) : 1,
RULE
SERVED for Respondent(s) : 1 - 3.
GOVERNMENT PLEADER for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 05/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
It
has been stated that the present group is left out matters of the
group of Civil Application No.14459 of 2010 and allied matters
decided by this Court on 19.4.2011, whereby the delay was condoned
on payment of cost of Rs.2,000/- in each matter.
The
learned Counsel appearing for both the sides concede that the issues
of the applications can be said as covered in the aforesaid matters.
We may record that this Court in the above referred matters had
taken the following decision:-
“2.All
the applications are for condonation of delay for more than 400 days
in preferring appeals against the judgement and award passed by the
Reference Court, which is impugned in the concerned First Appeals.
3.We have heard Mr.Shah, learned
Counsel for the applicants and Ms.Thakkar, learned AGP for the
respondent.
4.The principal ground contended in
the application for condonation of delay is poor financial means and
it has been stated that the applicants – appellants could no
take immediate steps for filing the First Appeals in view of the
non-availability of funds for payment of Court fees and other
expenses for prosecuting the appeal and it has been stated that
after the matter was moved for execution and the money was realized,
the appeals are filed at the earliest and, therefore, the prayer is
made for condonation of delay.
5.We find that if the non-availability
of fund or poor financial condition is a ground for condonation of
delay, it can be leniently viewed, but at the same time, it is not a
matter where the applicants – appellants have not received any
money after the execution and, therefore, even if the delay is
leniently viewed, appropriate cost deserves to be paid to the
respondent for compensating on the aspects of delay. Considering
the facts and circumstances that the delay is exceeding 400 days, in
every matter and hence, appropriate cost would be Rs.2,000/- per
matter to be paid to the State Government.
6.Under these circumstances, the delay
in preferring the concerned First Appeals is condoned on condition
that the applicants pay the cost of Rs.2,000/- in each matter to the
respondent within a period of four weeks from today. The cost shall
be paid to the District Collector, Surendranagar. It would also be
open to the applicants to deposit the cost with this Court and if
such amount is deposited, it would be open to the office of GP to
withdraw the amount to be forwarded to the concerned District
Collector.”
The
same view deserves to be taken. Hence, the following orders.
Under
these circumstances, the delay in preferring the concerned First
Appeals is condoned on condition that the applicants pay the cost of
Rs.2,000/- in each matter to the respondent within a period of four
weeks from today. The cost shall be paid to the District Collector,
Surendranagar. It would also be open to the applicants to deposit
the cost with this Court and if such amount is deposited, it would
be open to the office of GP to withdraw the amount to be forwarded
to the concerned District Collector.
All
the applications are allowed to the aforesaid extent. Rule made
absolute accordingly.
(Jayant Patel, J.)
(J. C. Upadhyaya, J.)
vinod
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