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2024 DIGILAW 1592 (GUJ)

Harijan Jashiben Kalubhai v. Indian Petrochemical Corporation Ltd.

2024-07-22

A.Y.KOGJE, SAMIR J.DAVE

body2024
ORDER : (A.Y. Kogje, J.) : 1. All this applications are filed for condoning the delay of 117 days in preferring the Appeal against the Common CAV Judgment dated 15-09- 2022 passed in lead matter being Special Civil Application No.13803 of 2021 and applicable to all the Cognate matters, in which present Letters Patent Appeals have been filed with delay of 117 days. 2. Learned Advocate for the applicant has drawn attention of this Court to the order dated 18-01-2024 passed in Civil Application (For Condonation of Delay) No.1 of 2023 in F/Letters Patent Appeal No.4054 of 2023 in Special Civil Application No.13803 of 2021 and indicated that in the lead matter, the Coordinate Bench of this Court by order dated 18- 01-2024 has condoned the delay of 117 days. 3. Thereafter, learned Advocate for the applicant has drawn attention of this Court to the Oral Order dated 02-05-2024 passed in Letters Patent Appeal No.84 of 2024 in Special Civil Application No.13803 of 2021, which would read as under: “1. On the prayer made by learned counsel for the appellant, liberty is granted to provide a list of the Letters Patent Appeals, filed against the common judgement and order dated 15.09.2022, so that they may be tagged together so as to avoid any conflicting decisions in the same. 2. The details of such appeals shall be provided to the Bench by the next date fixed so that appropriate proceedings can be undertaken by the office. 3. All such appeals with or without objection which have been filed against the common judgement and order dated 15.09.2022 are to be listed on 26.06.2024.” 4. Accordingly, present set of Civil Applications for condoning the delay of 117 days are filed. 5. Learned Advocate Mr. Kunal Nanavati with Learned Advocate Mr. Mayur Dhotare for Nanavati Associates appearing for the respondents has formally objected to grant of applications. 6. However, considering the fact that already in the very set of applications, the Coordinate Bench of this Court has already condoned the delay of 117 days and when as per the directions contained in the subsequent order, present applications have been filed. 7. Mayur Dhotare for Nanavati Associates appearing for the respondents has formally objected to grant of applications. 6. However, considering the fact that already in the very set of applications, the Coordinate Bench of this Court has already condoned the delay of 117 days and when as per the directions contained in the subsequent order, present applications have been filed. 7. The Court sees no reason to take a different view and therefore, condone the delay of 117 days filed in preferring the respective Appeals against the Common CAV Judgment dated 15-09-2022 passed in lead matter being Special Civil Application No.13803 of 2021 passed by learned Single Judge in respective Special Civil Applications. 8. Hence, all the applications are allowed. Delay of 117 days is hereby condoned. 9. It is pointed out that lead matter is Letters Patent Appeal No.84 of 2024 and therefore, as per the Oral Order dated 02-05-2024 passed in Letters Patent Appeal No.84 of 2024 in Special Civil Application No.13803 of 2021, Letters Patent Appeals in the respective Special Civil Applications may be listed along with Letters Patent Appeal No.84 of 2024 after assigning Registration number of the respective Letters Patent Appeals.