High Court of Gujarat

SALILKUMAR ISHWARBHAI PATELversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: C DOSHI

Holding

The delay is condoned, but the claimants are not entitled to interest for the delayed period.

Summary

The applicant filed a civil application for condonation of delay in a matter pending before the High Court of Gujarat, seeking permission to pursue the main suit after a delay of 2,574 days. The Supreme Court, in SLP (Civil) Diary No. 349 of 2023, allowed the applicant to file a review of the earlier appeal dated 1 February 2019 due to subsequent developments. The High Court, after considering the applicant's averments, granted condonation of the delay, permitting the continuation of the main proceedings. However, the Court held that the claimants would not be entitled to any interest on the enhanced amount for the delayed period. The Court directed that one of the claimants file an affidavit confirming the non‑entitlement to interest and that the order be kept with the main matter records.

Issues considered

Whether the delay of 2,574 days in preferring the main matter can be condoned.
Whether the claimants are entitled to interest on the enhanced amount for the period of delay.

Subjects

condonation of delayreview petitioninterestcivil procedureHigh Court of Gujarat

Judgment

              C/CA/1847/2026                                                           ORDER DATED: 06/07/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1847 of
                                      2026
                    In F/MISC. CIVIL APPLICATION/9328/2026
                          In R/FIRST APPEAL/483/2019
     ==========================================================
                                     SALILKUMAR ISHWARBHAI PATEL
                                                 Versus
                                       STATE OF GUJARAT & ANR.
     ==========================================================
     Appearance:
     MR PUNIT B JUNEJA(3972) for the Applicant(s) No. 1
     MS DIVYA P JUNEJA(12435) for the Applicant(s) No. 1
     MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1,2
     ==========================================================
        CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                   Date : 06/07/2026

                                                           ORDER
               In SLP (Civil) Diary No.349 of 2023, the Hon’ble Apex
     Court permitted the applicant to file review of the appeal
     against the impugned judgment dated 1.2.2019 due to
     subsequent developments and judgment.

               Considering the averments made in the application, the
     same is allowed and delay caused in preferring main matter
     stands condoned.

               However, the claimants would not be entitled to interest on
     enhanced amount, if any, for delayed period of 2574 days and
     one of the claimants shall file affidavit to that effect.

               Registry to keep copy of this order along with affidavit to be
     filed by one of the claimants in the records of main matter.

                                                                                                     (J. C. DOSHI,J)
     SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 06/07/2026 14:40:51

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