High Court of Gujarat

HIRAJI AACHAR @AACHU MARWADA (BHADRU)versusPASCHIM GUJARAT VIJ COMPANY LTD.

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

Holding

The court held that the delay is condoned.

Summary

The applicant, Hiraji Aachar @Aachu Marwada (Bhadru), filed a second appeal (No. 2126/2025) and subsequently sought condonation of delay in preferring the main matter. The respondent, Paschim Gujarat Vij Company Ltd., opposed the application. The court examined the averments made in the application regarding the reasons for the delay. Finding the explanations satisfactory, the court exercised its discretion under the civil procedure rules to condone the delay. Consequently, the application for condonation was allowed, and the delay in filing the main matter was formally condoned.

Issues considered

Whether the delay in preferring the main matter of the second appeal can be condoned under the applicable procedural law.

Subjects

condonation of delaycivil proceduresecond appealcourt discretion

Judgment

               C/CA/1146/2025                                                          ORDER DATED: 29/01/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1146 of
                                    2025

                                       In F/SECOND APPEAL/2126/2025

      ==========================================================
                          HIRAJI AACHAR @AACHU MARWADA (BHADRU)
                                           Versus
                             PASCHIM GUJARAT VIJ COMPANY LTD.
      ==========================================================
      Appearance:
      KAASH K THAKKAR(7332) for the Applicant(s) No. 1
      MR KK THAKKAR(2834) for the Applicant(s) No. 1
      MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 1
      ==========================================================

         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                    Date : 29/01/2026

                                                      ORAL ORDER


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



                                                                                                      (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 29/01/2026 14:33:01




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