Gujarat High Court Case Information System
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CA/11018/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 11018 of 2010
In
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1644 of 2010
In
SPECIAL CIVIL APPLICATION No. 17268 of 2005
With
LETTERS
PATENT APPEAL (STAMP NUMBER) No. 1644 of 2010
In
SPECIAL CIVIL APPLICATION No. 17268 of 2005
=========================================================
JETHASUR
R GADHAVI - Petitioner(s)
Versus
DIVISIONAL
CONTROLLER - Respondent(s)
=========================================================
Appearance
:
MR
JS BRAHMBHATT for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 22/09/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
is an application for condonation of delay of 1727 days caused in
preferring Letters Patent Appeal to challenge the order passed on
5.10.2005 in Special Civil Application No.17268 of 2005.
2. The
appellant states that the delay is not intentional and that he came
to know about the order only when he went to the Divisional Office of
respondent on 24.11.2009 to get information about his retirement
benefits i.e. leave pay and settlement of arrears. It is not
substantiated by any material whatsoever. It is difficult to accept
the scanty grounds on which delay is sought to be explained. The
application for condonation of delay thus cannot be entertained.
3. It
is true that ordinarily the Court’s approach should be liberal as no
party is going to be benefitted by causing delay in pursuing the
matter but where no explanation is tendered and there is gross
neglect towards the cause of action, the Court should not be
instrumental in making an exception to a statutory provision. The
application for condonation of delay, therefore, stands dismissed.
Consequently, Letters Patent Appeal (Stamp) No.1644 of 2010 also
stands dismissed.
(A.L.
DAVE, J.)
(BANKIM
N. MEHTA, J.)
zgs/-
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