Gujarat High Court
Sonalben Pahaddan Narsungdan Gadhvi vs Okhudan Narsungdan Gadhvi on 11 August, 2025
NEUTRAL CITATION
C/CA/6164/2024 ORDER DATED: 11/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 6164 of 2024
In
F/FIRST APPEAL NO. 35298 of 2024
======================================
SONALBEN PAHADDAN NARSUNGDAN GADHVI & ORS.
Versus
OKHUDAN NARSUNGDAN GADHVI & ANR.
======================================
Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1,2,3,4,5
MR KK THAKKAR(2834) for the Applicant(s) No. 1,2,3,4,5
MASUMI V NANAVATY(9321) for the Respondent(s) No. 2
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
======================================
CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 11/08/2025
ORAL ORDER
Heard Mr. Kaash Thakkar, learned advocate for the applicants - original claimants. Ms. Nanavaty, learned advocate has entered her appearance for the respondent no.2
- insurance company.
The notice issued by this Court is reported to have been duly served upon the respondent no.1. However, no appearance has been entered. Noticing the limited prayer sought for, the present application is taken-up for hearing in Page 1 of 3 Uploaded by AMAR RATHOD(HC01074) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:19:48 IST 2025 NEUTRAL CITATION C/CA/6164/2024 ORDER DATED: 11/08/2025 undefined absence of the respondent no.1.
The present application is filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act, 1988 seeking condonation of delay of 267 days caused in preferring the appeal.
The learned advocate for the applicant has mainly refer and relied upon the averments made in the application and submitted that the impugned judgment and award was pronounced on 14th December, 2023 and the awarded amount was deposited by the insurance company only in the month of May, 2024. He has further pointed-out that the applicants are mainly the mother of the deceased and widow and their three children and they come from small village and are not aware about the intricacies of legal procedure. Time was consumed in seeking legal advice and to arrange funds to meet with the expenses of the Court fees. Learned advocate had therefore urged this Court that the opportunity be extended to the applicants - original claimants to present their case on merits in appeal and to condone the delay.
Learned advocate for the respondent no.2 - insurance Page 2 of 3 Uploaded by AMAR RATHOD(HC01074) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:19:48 IST 2025 NEUTRAL CITATION C/CA/6164/2024 ORDER DATED: 11/08/2025 undefined company has vehemently objected to the aforesaid submissions, as according to her, no sufficient cause has been made-out to consider the prayer for delay.
Considering the submission of the learned advocates for the respective parties, perused the explanation offered in light of the averments made in the application being stated on oath, in absence of any contradiction being pointed-out, this Court is inclined to accept the aforesaid explanation as genuine and reasonable which prevented the applicants - original claimants to approach in appeal within stipulated period of limitation. This Court is therefore inclined to exercise its discretion noticing the benevolent scheme, the present application is hereby allowed. The delay occurred in referring the present application is hereby condoned. Rule made absolute.
Looking to the number of days of delay, in order to strike-out the balance, the applicants - original claimants shall not be entitled to claim interest for the interregnum period of delay caused in filing the appeal.
(NISHA M. THAKORE, J.) AMAR RATHOD...
Page 3 of 3 Uploaded by AMAR RATHOD(HC01074) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 22:19:48 IST 2025