Case Law Details
Nandlal Namdev Otwani Vs Vijay Jayprakash Ahuja (Gujarat High Court)
HC held that At this stage only the point needs to be considered as to whether the delay occurred in preferring the said Appeal from Order is well explained or not. Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent economy condition of the parties as well as even of the Country, the financial crisis can be considered to be one of the grounds for condonation of delay. The pivotal point of consideration would be whether the parties concerned has taken dilatory tactics in proceeding with the matter for initiated any proceedings or whether there is a malafide on his part or not. If there is a malafide attributed and established against the party concerned, then definitely even shortest delay cannot be condoned. It cannot be presumed that a person against whom an interim injunction is operating, would adopt dilatory tactics except in case of compelled circumstances or circumstances out of his control, he may not be in a position to initiate or execute or take appropriate immediate steps against the injunction operating against him. Therefore, it cannot be presumed that the applicant was not proceeding with the matter bonafidely or there was dilatory tactics on his part in initiating the proceedings of Appeal from Order against the impugned order of injunction which is operating against him. Therefore, in present case, the applicant has made out sufficient cause for condonation of delay of 399 days occurred in preferring Appeal from Order. If application is condoned, no prejudice is likely to be caused to the other side and the other side would also get appropriate opportunity if Appeal from Order is preferred. The interim injunction is operating in their favour. Merely by permitting the applicant to prefer Appeal from Order would not automatically affect their possession or having interim injunction in their favour.
Thus, considering all these aspects, the present application is allowed. The delay of 399 days caused in preferring Appeal from Order which he propose to file against the order dated 20.11.2018 passed below Exh-6/7 in Civil Suit No. 482 of 2016, is hereby condoned.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. The original defendant No.4 has preferred this Civil Application for condonation of delay of 399 days caused in preferring Appeal from Order which he propose to file against the order dated 20.11.2018 passed below Exh-6/7 in Civil Suit No. 482 of 2016, whereby he has been restrained from transferring, alienating or creating interest of any third party in respect of suit property till final disposal of the suit.
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