Gujarat High Court Case Information System
Print
CA/44/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 44 of 2011
In
MISC.CIVIL
APPLICATION (STAMP NUMBER) No. 2373 of 2010
In
SECOND APPEAL No. 247 of 2007
=========================================================
HEMA
RASAYANI PVT.LTD. - Petitioner(s)
Versus
VADODARA
MUNICIPAL CORP. - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for
Petitioner(s) : 1,
MR PRANAV G DESAI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 26/04/2011
ORAL
ORDER
By
way of present application, the applicant has inter alia prayed for
condonation of delay of 767 days in preferring Miscellaneous Civil
Application for reviewing the order dated 07th July 2008
passed in Second Appeal No.247 of 2007.
Having
considered the contentions raised by the learned advocate for the
applicant and averments made in the application, it transpires that
the said Second Appeal was disposed of vide order dated 07th
July 2008 and the application for review has been preferred in the
year 2010. Thus, the said application has been moved after a delay
of 767 days. Further, no plausible explanation has been assigned for
condonation of the said huge delay. It is the duty of the applicant
to satisfy the Court that for good sufficient cause or for the
reasons beyond the control, the applicant could not prefer review
application. The approach of the Court should be liberal and
pragmatic but this principle would not be applicable to the cases of
gross and/or inordinate delay, which in the present case is 767
days. This is a case of gross and practically unexplained delay.
Hence, it will not be appropriate to entertain present application.
For
the foregoing reasons, present application fails and is,
accordingly, rejected. Consequently, Miscellaneous Civil Application
for review does not survive and the same stands disposed of
accordingly.
(K.S.
Jhaveri, J)
Aakar
Top