NEUTRAL CITATION
C/CA/4634/2019 ORDER DATED: 08/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4634 of
2019
In R/FIRST APPEAL NO. 4815 of 2023
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IFFCO TOKIO GENERAL INSURANCE CO LTD
Versus
MERUBHAI RAMJIBHAI SONGRA
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 1,3
RULE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 08/11/2023
ORAL ORDER
Heard learned advocate Mr. Dharam Raval appearing for Mr. Rathin Raval, learned advocate on record for the appellant-Insurance Company and learned advocate Ms. Masumi Nanavati appearing for the respondent No.4-Insurance Company.
2. Rule issued by this Court, has been duly served upon respondent Nos.1 and 3 and rule has remained unserved qua respondent No.2, who appears to be the owner of the vehicle.
3. Considering the relief as prayed in the present application, the presence of unserved respondent No.2 is dispensed with, at this stage. Page 1 of 3 Downloaded on : Fri Nov 10 20:56:56 IST 2023
NEUTRAL CITATION C/CA/4634/2019 ORDER DATED: 08/11/2023 undefined
4. Learned advocate for the applicant has invited attention of this Court to the averments made in the application and has submitted that by captioned appeal, the Insurance Company intends to challenge the judgment and award dated 19.07.2019 passed by the Motor Accident Claims Tribunal, Rajkot in claim petition, whereby the claim raised by the applicant was considered on higher side. It is submitted by learned advocate that certified copy of the judgment and award was applied for immediately after the pronouncement of the judgment. However, time was consumed in forwarding entire case papers to the learned advocate to move for appeal. He therefore, urged this court to condone the delay.
5. Learned advocate appearing for the respondent No.4 has no objection with regard to condonation of delay.
6. Though respondent Nos.1 and 3 have been duly served, they have chosen not to appear before this Court or to contest the present application.
7. Considering the submissions made by learned advocates appearing for the respective parties and the averments made in the application as well as noticing the minimal number of days of delay involved, this Court is inclined to exercise its discretion. The delay of Page 2 of 3 Downloaded on : Fri Nov 10 20:56:56 IST 2023 NEUTRAL CITATION C/CA/4634/2019 ORDER DATED: 08/11/2023 undefined 25 days caused in filing the appeal is hereby condoned. Rule is made absolute.
8. Let the First Appeal be notified for admission hearing on 10.11.2023.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 3 of 3 Downloaded on : Fri Nov 10 20:56:56 IST 2023