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2017 DIGILAW 1294 (GUJ)

State of Gujarat v. Pragjibhai Nathubhai Adroja

2017-07-19

A.G.URAIZEE, S.R.BRAHMBHATT

body2017
ORDER : S.R. BRAHMBHATT, J. 1. These applications are taken out by present applicants - original appellants in the matters with following prayers: “A Your Lordships may pleased to admit and allow this application; B Your Lordships may be pleased to kindly extend the time limit given vide oral order dated 01.07.2016 to deposit the amount towards cost awarded by this Hon'ble Court by considering the facts narrated in the present application. C Your Lordships may be pleased to pass such other and further order in the interest of justice.” 2. The operative part of order dated 01.07.2016 passed in Civil Application (for Condonation of delay) No. 3716 of 2016 and allied matters reads as under: “[4.0] xxxx xxxx xxxx All these applications for condonation of delay are dismissed with cost, which is quantified at Rs. 10,000/- per each application, which shall be deposited by the applicants with Registry of this Court within a period of four weeks from today and on such deposit the same shall be transferred to the Gujarat State Legal Services Authority.” 3. The making of these applications 11 months after the due date is passed betrays not only lack of sensitivity but lack of due deference which was the least expectation of the concerned authority. The authority ought to have been alive and sensible to its obligation to deposit cost especially earlier delay was not condoned by the Court and delay was deprecated.: 4. The seer apathy and indolence evinced in not depositing the cost for as many as 11 months leaves much room to make appropriate comments but we restrain ourselves from making further comments as learned AGP Ms. Joshi, under the instructions of Shri P.G Patel, Resident Additional Collector, informs the Court that as per the instructions and information, the original claimants are likely to receive their respective claim amount as per award within period of 2 months from today. Ms. Joshi, learned AGP also submits that the cheque towards cost amount is ready and same will be paid within two days. 5. In view of aforesaid observation, we extend the time for two days from today. The applicant is directed to deposit the amount of cost within two days from today. Misc. Civil Applications are allowed to aforesaid extent. 6. Registry is directed to place copy of this order in each matter.