NADIAD MUNICIPALITY Vs. NIMISHBHAI GHANSHYAMBHAI BHRAMBHATT

JUDGEMENT

(1.) By way of present Civil Application, the applicant - original respondent has prayed for condonation of delay of 314 days in filing Letters Patent Appeal against the judgment and order passed by the learned Single Judge dtd. 25/9/2018.

(2.) Mr. A. K. Clerk, learned advocate appearing for the applicant has pointed out by way of specific averments that in view of the explanation which is stated in paragraphs 3 and 4 the appeal could not be filed bona fidely within a period of limitation and as such considering the explanation which has been given, the delay may be condoned in the interest of justice. To substantiate his submission, Mr. Clerk, learned advocate has also pointed out the decision delivered by Hon'ble Apex Court which is in the case of Collector, Land Acquisition, Anantnag and another versus Mst. Katiji and others reported in AIR 1987 SC 1353 and has submitted that instead of technicality the appeal may be heard on merits. Further to substantiate the request of condonation, the assertions which are made in the further affidavit dtd. 21/10/2019 have also been pointed out and thereby submitted that sufficient cause is shown to condone the delay.

(3.) As against this, Mr. Hemang H. Parikh, learned advocate appearing for the contesting respondent has submitted a detailed affidavit opposing the request of condonation of delay and has submitted that this is a systematic device of delaying due benefits to be paid to the concerned workmen and as such has submitted that since the explanation is not sufficient enough the delay may not be condoned.