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2025 Supreme(GUJ) 647

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 1 of 2025 In R/CIVIL APPLICATION NO. 5255 of 2024 In F/FIRST APPEAL NO. 14327 of 2024 ==========================================================
TEJABHAI LAKHABHAI PANCHAL Versus GORIYA SHYAMJIBHAI CHATURBHAI & ANR.
==========================================================
Appearance:
MR. HEMAL SHAH(6960) for the PETITIONER(s) No. 1 ==========================================================
CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI Date : 13/03/2025

Petitioner Advocates:MR. HEMAL SHAH(6960) ,Respondent Advocate: RULE SERVED(64)

Court orders must be strictly adhered to, and negligence in compliance can lead to additional penalties.

Headnote:(A) Civil Procedure Code, 1908 - Order of the Court - Delay in filing appeal - Court condoned a delay of 700 days subject to payment of costs, which was not complied with by the petitioner, leading to further costs imposed. The petitioner’s negligence in adhering to the Court's order was noted. (Paras 1-3)

(B) Compliance with Court Orders - The importance of adhering to Court orders and the consequences of non-compliance were emphasized, highlighting the need for respect towards judicial directives. (Paras 3-5)

Facts of the case:
The petitioner failed to deposit the cost within the stipulated time after the Court condoned a significant delay in filing the appeal, leading to a situation where the petitioner sought an extension without proper compliance.

Findings of Court:
The application for extension was allowed, but the petitioner was required to deposit an additional cost due to non-compliance with the original order.

Issues: The main issues included the petitioner’s failure to comply with the Court's order and the implications of such non-compliance.

Ratio Decidendi: The Court emphasized that orders must be respected and that negligence in compliance reflects poorly on the petitioner, warranting further costs.

Result: Application allowed subject to further costs.

ORDER :

(J.C. DOSHI, J.)

On 19/12/2024, this Court condoned the delay of 700 days caused in preferring the captioned appeal; subject to the applicant making payment of cost of Rs.5,000/- with the Gujarat High Court Advocates’ Association Library; within seven days there-from and to place on record the receipt thereof.

2. Learned advocate for the petitioner instead of depositing the amount of cost within stipulated time period as above and without getting extension deposited the amount of cost with the Gujarat High Court Advocate’s Law Library on 09/01/2025 by self believing that the Court will extend the time period for deposit of cost amount.

3. What could be noticed that though cost amount has been deposited on 09/01/2025; petition for extension of time period was filed on 06/02/2025; a month later; in absence of any extension granted. What could be further noticed that such petition was filed in absence of following order dated 19/12/2024. It is surprised that even the Registry of this Court did not take care to look that order for which the extension is sought has not been annexed with the present application and without verifying the said aspect i.e. proper filing of the petition; for no reason, allowed the petitioner to circulate the petition; without raising any objection. It appears that petitioner as well as the Registry believed that it is a joy ride process by believing that Court may pass order; but such order shall not be respected in its true and letter spirit and petitioner would deposit the amount of cost as per his own wish. It is really a sorry state of affairs that petitioner did not comply with the order and extension is sought as if it has been granted. A sheer negligence on the part of the petitioner is displayed. Whether it is purposeful or not, it could not be appreciated at this state; but thing remains that Court’s order has not been respected. In the fitness of things, the application is allowed in terms of paragraph 7(a) of the application; subject to petitioner deposits a further cost of Rs.5,000/- before the Gujarat State Legal Services Authority annexed with the High Court within seven days from today.

4. While perusing the file papers, it could be noticed that such objection was raised and among them one is certified copy of the order is not attached. Despite the certified copy of order is not attached; for strange reason, the Registry has applied the stamp “All Office Objections are removed” which is signed by CFC/Dy.SO and SO dated 04/03/2025 and circulated the matter.

5. Mr.MAGM Shaikh, Deputy Registrar, CFC Department, High Court of Gujarat alongwith other officer/s is present in the Court on called; however could not clarify the situation; rather he shows complete unawareness in regards to such procedure taken at CFC Department. He except submitting “sorry” did not offer any explanation. Under the circumstances, matter be placed before the Registrar (Judicial) as well as the Registrar General for taking necessary action as may be permissible under the law against the erring Officer/s and to report to this Court within seven days.  

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