Gujarat High Court
Oriental Insurance Co. Ltd vs Akhilesh Joginder Ray on 7 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2513/2025 ORDER DATED: 07/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2513 of
2025
In F/FIRST APPEAL NO. 12749 of 2025
================================================================
ORIENTAL INSURANCE CO. LTD.
Versus
AKHILESH JOGINDER RAY & ORS.
================================================================
Appearance:
MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
MR SUNIL B PARIKH(582) for the Respondent(s) No. 5
NISHIT A BHALODI(9597) for the Respondent(s) No. 6,7,8,9
RULE SERVED for the Respondent(s) No. 2,3
UNSERVED EXPIRED (R) for the Respondent(s) No. 1,4
===============================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 07/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 54 days in preferring the appeal against the judgment and order dated 16.10.2024 passed by the learned Motor Accident Clams Tribunal (Main), Bharuch in MAC petition No.303 of 2021.
2. It is reported that the rule is served however, none has appeared on behalf of the respondent.
3. Learned advocate has drawn attention of this Court to the contents of para-3 to 5 of the application, wherein it Page 1 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:26:22 IST 2025 NEUTRAL CITATION C/CA/2513/2025 ORDER DATED: 07/07/2025 undefined stated that the advocate has applied copy on 22.10.2024 which was prepared and ready for delivery on 27.11.2024 and the advocate collected the same on 04.12.2024. The last date to prefer the appeal was 17.02.2025 and hence, there is some delay in filing the appeal. It is submitted that the attending advocate forwarded a copy on 14.12.2024 to Divisional Office of the applicant at Surat, which were received on 09.01.2025 at Ahmedabad and hence it took some time.
4. Therefore, learned advocate has drawn attention of this Court to the reasons for which delay has occurred.
5. Considering the aforesaid, particularly, period of 54 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
6. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
7. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
Page 2 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:26:22 IST 2025NEUTRAL CITATION C/CA/2513/2025 ORDER DATED: 07/07/2025 undefined
8. In view of the aforesaid, the application is allowed. The delay of 54 days caused in preferring the appeal against the judgment and order dated 16.10.2024 passed by the learned Motor Accident Clams Tribunal (Main), Bharuch in MAC petition No.303 of 2021. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.
(A.Y. KOGJE, J) (NSSG,J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:26:22 IST 2025