PATEL NATVARLAL KHODIDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these 42 Civil Applications in 42 First Appeals have been filed for seeking condonation of delay. In most of the cases, delay which is sought to be condoned, is for a period of 590 days and through Civil Application No.3958 of 1998 in First Appeal No.2261 of 1998 the delay for a period of 627 days is sought to be condoned. Mr. P.V. Hathi and Mr. Gaurang Bhatt appearing for the applicants have submitted that the Award passed by the Reference Court, which is impugned in the Appeals, was passed on 3.5.96. The certified copy was applied for on 15.6.96 and certified copy had been obtained on 15.7.96. It has been then submitted that in the meantime the State had also preferred Appeals against the same impugned award passed by the Reference Court and these First Appeals came up before the Division Bench of this Court on 19.8.96 on which date the notice was made returnable for 9.9.96. After the service of the notice, the matter was adjourned from time to time till 15.1.98 and on 2.2.98 when the matter came up before the Court for preliminary hearing the State Appeals were dismissed. The learned Assistant G.P. has pointed out that State Appeals were dismissed on 2.2.98 after hearing the learned counsel for the claimants and after a full dress hearing. At that time i.e. on 2.2.98 the Court's attention was never invited on behalf of the claimants that they intended to file any cross objection. After the passing of the order Date 2.2.98 dismissing the State Appeals, the claimants allege that they applied for the certified copy of the order Date 2.2.98 on 4.2.98 and such copies were ready on 26.3.98 and after obtaining the same, the present Appeals were filed on 22.4.98, but the affidavit in support of the Applications for condonation of delay were filed later, on 16.7.98.

(2.) The learned counsel for the applicants have submitted that whereas the State Appeals had been dismissed at admission stage, they could not file the cross objections in those Appeals and after the dismissal of the State Appeals on 2.2.98, which were dismissed in their presence, they decided to file the present Appeals along with the Applications for condonation of delay. The delay is sought to be condoned on the grounds as aforesaid.

(3.) The learned Asst. G.P. has submitted that the grounds on which the delay is sought to be condoned do not constitute the sufficient cause. The certified copies of the impugned award were available with the claimants since July,1996 and, therefore, it was open for them to file the Appeals within time.