AHMEDABAD MUNICIPAL CORPORATION Vs. KUSUMBIBI MOHMADBHAI

JUDGEMENT

(1.) Heard Shri. Kalpesh Jhaveri, learned counsel for the applicant Corporation. There is delay of 83 days in filing the appeal late against the impugned judgment and order passed by Learned Judge, reducing G.R.V. from Rs.1,09,584.00 to Rs.54,000/. In response to the rule issued by this Court, Shri. Thakkar appears for the respondents. He submitted that there is delay of more than 169 days and not 83 days as pleaded in the application.

(2.) .It appears that the judgment was delivered on 5-10-2000, and certified copy was applied for on 8-1-2001, i.e. after a period of 86 days, i.e. much after expiry of period of limitation of 30 days in filing appeal against the impugned order. Unfortunately, office of this Court has not at all taken into consideration this, and it had calculated delay of 83 days on the basis that the certified copy of the judgment was received on 12-1-2001.

(3.) .From the above, it is clear that the applicant Corporation has not even applied for certified copy within the period of limitation. This Court relying upon the judgment of Hon'ble Supreme Court, in case of AJIT SINGH THAKUR SINGH AND ANOTHER v. STATE OF GUJARAT, reported in A.I.R. 1981, S.C. pg. 733 (para-6) held in several cases that the delay cannot be condoned in such type of cases as the applicant had initially abandoned the idea of challenging the impugned order. In the instant case, there is no explanation whatsoever offered by the Corporation as to why certified copy was not applied within the period of limitation, and why there was a delay of 86 days in applying for certified copy of the judgment.In that view of the matter this application for condonation of delay is required to be dismissed. Accordingly it is dismissed.Rule discharged, with no order as to costs.