As the impugned order has been passed against the
applicant herein who wants to prefer Appeal from Order,
has definitely a legal right to challenge the order of the
trial Court by way of filing Appeal from Order. 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.
{Para 14}
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 941 of 2020
NANDLAL NAMDEV OTWANI Vs VIJAY JAYPRAKASH AHUJA
CORAM: DR. JUSTICE A. P. THAKER
Date : 15/02/2022
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