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CRA/2/2010 1/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 2 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
===========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
===========================================
PASCHIM
GUJARAT VIJ COMPANY LTD & 1 - Applicant(s)
Versus
MOHANBHAI
GANDABHAI - Opponent(s)
===========================================
Appearance :
MR
DIPAK R DAVE for
Applicant(s) : 1 - 2.
NOTICE SERVED for Opponent(s) : 1,
MR
MAULIK J SHELAT for Opponent(s) :
1,
===========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/04/2010
ORAL
JUDGMENT
1. Rule.
Mr.Maulik Shelat, learned Advocate waives service of Rule on behalf
of the respondent. With the consent of the learned Advocates
appearing on behalf of the respective parties, present Revision
Application is taken up for final hearing today.
2. Present
Civil Revision Application has been preferred by the applicants
original defendants challenging the impugned judgment and order dated
08.10.2009 passed by the learned 4th Fast Track Court,
Rajkot in Civil Miscellaneous Application No.346 of 2009 in not
condoning the delay of 309 days in preferring Regular Civil Appeal
challenging the judgment and decree dated 13.10.2008 passed by the
learned 11th Senior Civil Judge, Rajkot in Regular Civil
Suit No.28 of 1990.
3. Mr.Dipak
Dave, learned Advocate for the applicants herein original
defendants has submitted that in the facts and circumstances of the
case, more particularly learned Advocate appearing on behalf of the
applicants retired from the matter, therefore, the applicants were
not aware of the judgment and decree passed by the learned Trial
Court and therefore, in the facts and circumstances of the case,
learned Appellate Court ought to have condoned delay while imposing
reasonable costs. Mr.Dave, learned Advocate for the applicants
original defendants has pointed out / relied upon decisions of the
Hon’ble Supreme Court as well as of this Court in support of his
submission that normally sufficient cause in delay condonation
application should be construed liberally.
4. Initially,
present Revision Application was opposed by Mr.Maulik Shelat, learned
Advocate for the respondent herein original plaintiff by
submitting that original defendants have not come out with clean
hands meaning thereby correct facts have not been pointed out in
delay condonation application, therefore, it is requested not to
entertain present Revision Application. However, after making
submission when the Court expressed opinion that delay may be
condoned on payment of costs quantified at Rs.15,000/- (Rupees
Fifteen Thousand only), Mr.Shelat, learned Advocate appearing for the
respondent herein does not invite any further reasoned order.
5. In
view of above, this Court is not assigning any reasoned order and in
the facts and circumstances of the case more particularly to give one
opportunity to submit the case on merits in appeal, impugned judgment
and order dated 08.10.2009 passed by the learned 4th Fast
Track Court, Rajkot in Civil Miscellaneous Application No.346 of 2009
is hereby quashed and set aside and delay caused in preferring
Regular Civil Appeal challenging the judgment and decree dated
13.10.2008 passed by the learned 11th Senior Civil Judge,
Rajkot in Regular Civil Suit No.28 of 1990 is hereby condoned on
condition that the applicant herein original defendants shall pay
an amount of Rs.15,000/- (Rupees Fifteen Thousand only) to respondent
herein original plaintiff towards costs. It is reported that
applicants herein have already deposited an amount of Rs.10,000/-
(Rupees Ten Thousand only) with the Registry of this Court pursuant
to the order dated 12.01.2010 passed by this Court and therefore, the
applicants herein are now required to pay balance amount of
Rs.5,000/- (Rupees Five Thousand only) to be deposited with the
learned Appellate Court within a period of 3(three) weeks from today.
Registry is also directed to transmit an amount of Rs.10,000/-
(Rupees Ten Thousand only) deposited by the applicants herein
pursuant to the order dated 12.01.2010 passed by this Court to the
learned Appellate Court to be deposited in the appeal challenging the
judgment and decree passed by the learned Trial Court immediately.
On deposit of aforesaid amount of Rs.5,000/- (Rupees Five Thousand
only) and on transfer of Rs.10,000/- (Rupees Ten Thousand only) to
the learned Appellate Court, it will be open for the respondent
herein to withdraw said amount and the learned Appellate Court is
directed to make payment of Rs.15,000/- (Rupees Fifteen Thousand
only) to the respondent herein by Account Payee Cheque after proper
verification. On deposit of Rs.5,000/- (Rupees Five Thousand only)
to be deposited within stipulated time as stated above, learned
Appellate Court to decide and dispose of Regular Civil Appeal in
accordance with law and on merits. Rule is made absolute to the
aforesaid extent.
[M.R.Shah,J.]
satish
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