C/FA/1253/2019 IA ORDER DATED: 07/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2019
In F/FIRST APPEAL NO. 1253 of 2019
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IFFCO TOKIO GENERAL INSURANCE CO LTD Versus IMTIYAZALI YAKUBBHAI GHANCHI HEIR OF DECD MINOR MAHMADSAHIL IMTIYAZALI GHANCHI ========================================================== Appearance:
for the PETITIONER(s) No. MR PALAK H THAKKAR for the PETITIONER(s) No. MR NL RAMNANI for the RESPONDENT(s) No. NOTICE ISSUED BY PUBLICATION for the RESPONDENT(s) No. NOTICE SERVED BY DS for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 07/06/2021 IA ORDER Heard learned advocate Mr.Palak Thakkar for the applicant and learned advocate Mr.N.L. Ramnani for the respondents. All the respondents are served by mode of substituted of service by publication of notice in the newspaper.
2. In the present application, the applicant- appellant insurance company has prayed to condone delay of 73 days occasioned in preferring the First Appeal against judgment and award of the Motor Accident Claims Tribunal.
3. The delay is explained in para-2 of the application, in which the reasons are spelt out stating that after the judgment and award was th delivered on 30 June, 2018, certified copy was Page 1 of 2 Downloaded on : Mon Jun 07 21:11:08 IST 2021 C/FA/1253/2019 IA ORDER DATED: 07/06/2021 immediately applied for, which became available on 20th July, 2018. Thereafter time was consumed in administrative process and in decisional process.
4. The consumption of time was in-built inasmuch as the applicant is an impersonate body-the insurance company. Delay could be said to have been properly explained. Sufficient cause is made out.
5. Delay is condoned. This application is allowed.
(N.V.ANJARIA, J) ANUP Page 2 of 2 Downloaded on : Mon Jun 07 21:11:08 IST 2021