Gujarat High Court
Babubhai Bhagvanbhai Sankhat vs Pramod Kumar Mahadeva Prasad on 12 August, 2025
NEUTRAL CITATION
C/CA/1349/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 1349 of 2025
In
F/CROSS OBJECTION NO. 1245 of 2022
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BABUBHAI BHAGVANBHAI SANKHAT & ORS.
Versus
PRAMOD KUMAR MAHADEVA PRASAD & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4,5,6,7
DESHAL A MODI(12518) for the Respondent(s) No. 2
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
RULE UNSERVED for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/08/2025
ORAL ORDER
Heard learned advocate for the applicants. Learned advocate for the respective respondent nos.2 and 3 are not present. Rule issued by this Court remained unserved qua the respondent no.1 being driver of the vehicle involved in the accident.
Considering the limited prayer sought for and main appeal preferred by the respondent no.3 - insurance company has been admitted, present application is taken-up for hearing in absence of the respondents.
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NEUTRAL CITATION C/CA/1349/2025 ORDER DATED: 12/08/2025 undefined Learned advocate for the applicants mainly relied upon the averments made in the application and has submitted that the applicants were unable to approach this Court within stipulated period of limitation because of the pandemic. At the same time, the applicants have to manage funds to prefer the cross-objection. Learned advocate has therefore urged this Court to take liberal approach and condone the delay.
Considering the aforesaid submission of the learned advocate for the applicants and the same being deposed on oath, in absence of any contradiction being pointed-out by the respondents, this Court is inclined to accept the aforesaid explanation as sufficient cause for present applicants to unable to approach this Court within the stipulated period of limitation. Further, noticing the fact that main appeal assailing the same impugned judgment and award filed by the respondent no.3 - insurance company is admitted and the same is pending consideration, this Court is inclined to exercise discretion in favour of the present applicants. Hence, present application stands allowed. The delay caused in preferring the cross-objection is hereby condoned.
(NISHA M. THAKORE, J.) AMAR RATHOD...
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