IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE
Shanti Business School (Managed By Chiripal Charitable Trust) – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. The applicant most humbly and respectfully prays as under:-
“(A) That this Hon'ble Court may be pleased to condone the delay of 584 days in filing an application for recalling the order dated 25/08/2022 passed in Special Civil Application No. 12275 of 2016.
(B) Such other and further relief/s may be granted in the interest of justice.”
2. The applicant herein (Original Petitioner) had filed Special Civil Application No.12275 of 2016 before this Court for quashing and setting aside the impugned order dated 04/05/2016 passed by the opponent No.1 (Original Respondent No.1 herein) imposing penalty upon the applicant of refunding 1.5 times fees collected from the students pursuing their studies for BBA Program offered by the Applicant as a study center of Dr. C. V. Raman University.
3. The applicant states that in Special Civil Application No. 12275 of 2016, this Court issued notice on 21.07.2016 and subsequently, Civil Application No.8485 of 2016 filed by Opponent Nos.3 to 11 for joining them as party Respondents came to be allowed by order dated 14.09.2016. Thereafter, Rule was issued on 27.11.2019. It is further stated that after issuance of Rule, the Advocate for the Applicant
The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
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