ALCOCK ASHDOWN GUJARAT LIMITED Vs. INTEROCEAN NAVIGATION LIMITED

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) This Civil Application is preferred seeking condonation of delay of 266 days in filing First Appeal arising out of judgment and decree dated 19.12.2015/1.1.2016 in Special Civil Suit No.214 of 1999 by learned Additional Senior Civil Judge, Court No.17, Bhavnagar.

(3.) Learned advocate for the applicant has relied on the averments made on oath by the Executive Director of the applicant company so stated in paragraphs 4, 5 and 6 in support of his argument that sufficient cause exists to condone delay. According to learned counsel for the applicant, the order passed by learned Civil Judge is devoid of any legal provision and, therefore, officers were baffled to comprehend that under which provision of law such humongous amount of interest was levied and as a result the matter was stuck in the legal department of the company and, thereafter, Director and Managing Director of a Government undertaking were transferred and, in procedural aspects newly appointed team was not well-versed and delay has occurred. In addition to above, learned Judge has rejected the counter-claim/written statement of the company in the suit at issue no.16 and, therefore, also when the final judgment was received by the applicant they were shocked and, after seeking legal advise, this application is filed. It is submitted that collecting of document became a herculean task and, therefore also, delay has occurred. It is accordingly prayed that delay, as prayed for, be condoned.