JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Rule.

2. This petition, under Article 227 of the Constitution of India, is filed by the petitioner - an electricity company against an order dated 31.08.2021, passed by the learned Principal District Judge, Amreli in Civil Misc. Application No. 53 of 2019 for condonation of delay of 132 days caused in preferring the regular civil appeal against the judgment and decree dated 01.05.2019 passed by the learned Principal Senior Civil Judge, Amreli in Special Civil Suit No. 81 of 2014, whereby, the said suit, filed by the respondents herein, came to be partly allowed.

3. Though served, none had put in appearance on behalf of the respondents and accordingly, the Court proceeded with the matter.

4. Heard, learned advocate Mr. Dipak R. Dave for the petitioner. He submitted that the petitioner is an electricity company run by the government and accordingly, it has to follow due procedure for opinion and approval from the different departments concerned, in which some time is elapsed and in the circumstance, such a delay has been occurred in presenting the appeal before the first appellate Court. Further, he submitted that the delay is of only 132 days and accordingly, learned Judge ought to have considered the delay condonation application and would have condoned the delay in preferring the appeal, more so when, there was no reply/written objections filed by the other side.

4.1 The learned advocate for the petitioners has further submitted that another count on which such application for condonation of delay was rejected is non-joinder of necessary parties in the said application inasmuch as, in the said application, original plaintiff Nos. 6 and 7 were not joined, however, he submitted that the suit was filed through the legal heirs of the deceased and the learned Judge has failed to appreciate such a factual position.

4.2 Making above submissions, it is urged that this writ petition may be allowed in the interest of justice and delay caused in preferring the appeal, as aforesaid, may be condoned.

5. Regard being had to the submissions made and considering the averments made in the present writ petition as also the material placed on record, it appears that the respondents had filed the above referred special civil suit to recover Rs. 10 lakh towards compensation from the petitioner herein. The said suit came to be allowed in part in favour of the respondents herein, against which, the present petitioner desires to file an appeal, however, since there was delay of 132 days, the petitioners preferred Misc. Civil Application No. 53 of 2019 for condonation of delay. The said application came to be rejected by the impugned order dated 31.08.2021, being aggrieved of which, the petitioners are before this Court.

5.1 It is submitted by the learned advocate for the petitioner that the petitioner being a government company, approval and opinion at different levels are required to be taken and in such a course, the delay has occurred. Accordingly, if the chronology of events is seen, it can be summarized as under:

(i) on 01.05.2019, the learned trial Court passed the decree.

(ii) on 02.05.2019, certified copy was applied for.

(iii) on 14.05.2019, certified copy was received and on same day, learned advocate forwarded the same to the Deputy Executive Engineer.

(iv) on 20.05.2019, Deputy Executive Engineer forwarded proposal along with necessary papers to the office of Executive Engineer.

(v) on 23.05.2019, Executive Engineer forwarded the case papers to the Superintending Engineer.

(vi) on 30.05.2019, Superintending Engineer forwarded the case papers along with documents to the Chief Engineer.

(vii) the Chief Engineer, in turn, forwarded the cases papers to the Corporate Office at Rajkot i.e. Company Secretary.

(viii) on 05.07.2019, the competent authority decided that appeal is required to be filed before the higher forum.

(ix) by letter dated 06.07.2019, the above-said decision was conveyed to the Chief Engineer with a copy