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SCA/14149/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14149 of 2011
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KUNJAR
MAHESH PANDURANG - Petitioner
Versus
CHATRAPATI
SHIVAJI - Respondent
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Appearance :
MR
MD CHAUHAN for the Petitioner.
None for the
Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/09/2011
ORAL
ORDER
1. The
present petition under Article 226 of the Constitution of India has
been preferred by the petitioner to quash and set aside the impugned
order dated 22/07/2011 passed by learned Gujarat State Co-Operative
Tribunal, Ahmedabad in Civil Misc.Application No.64 of 2011, by
which, learned Tribunal has rejected the said application to condone
the delay of 4 years and 3 months in preferring the appeal against
the judgement and award dated 23/01/2006 passed by learned Board of
Nominees, Vadodara in Lavad (Summary) Suit No.868 of 2003.
2. Having
heard the learned advocate appearing on behalf of the petitioner and
considering the impugned order and huge delay of 4 years and 3
months, which has not been explained satisfactorily, it cannot be
said that the learned Tribunal has committed any error and/or
illegality in rejecting the aforesaid application for condonation of
delay and in not condoning the delay of 4 years and 3 months in
preferring the appeal against the judgement and award passed by
learned Board of Nominees,Vadodara. No sufficient cause has been
shown by the petitioner for condonation of huge delay. Even Medical
Certificate, which is produced on record, is of the year 2006 and
nothing has been produced for the period from the year 2006 to 2011.
Under the circumstances, no case is made out to interfere with the
impugned order passed by the learned Tribunal in refusing to condone
the huge delay of 4 years and 3 months.
3. In
view of the above, there is no substance in the present petition and
the same deserves to be dismissed and is accordingly dismissed. No
costs.
[M.R.SHAH,J]
*dipti
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