Gujarat High Court
Speed Carriers Bombay Private Limited vs Rabiyabanu Munna on 14 July, 2025
NEUTRAL CITATION
C/CA/3063/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3063 of
2025
In F/FIRST APPEAL NO. 17398 of 2025
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SPEED CARRIERS BOMBAY PRIVATE LIMITED
Versus
RABIYABANU MUNNA & ORS.
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Appearance:
SHYAMAL K BHIMANI(8233) for the Applicant(s) No. 1
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 5
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 14/07/2025
ORAL ORDER
1. Heard Mr. Shyamal K. Bhimani, learned advocate on record for the applicant-original opponent no.2 in the claim petition. Learned advocate Mr. Alkesh N. Shah has appeared for respondent no.5- Insurance Company. In view of order dated 09.06.2025, the notice issued upon respondent no.5- Insurance Company is reported to have been duly served. Learned advocate Mr. Alkesh N. Shah has entered appearance on behalf of respondent no.5, and has placed on record the affidavit-in-reply. The same is permitted to be taken upon record.
2. The present application is filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act, 1988, praying Page 1 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:40:16 IST 2025 NEUTRAL CITATION C/CA/3063/2025 ORDER DATED: 14/07/2025 undefined for condonation of delay of 1821 days caused in preferring the appeal.
3. Learned advocate for the applicant, at the outset, has submitted that though the impugned judgment and award was pronounced on 27.02.2020, the applicant became aware about the aforesaid judgment and award, precisely the directions of pay and recovery being issued against him, only when the summons were issued in the execution proceedings initiated by the present respondent no.5- Insurance Company. By referring to the averments made in the application, learned advocate has pointed out that the summons were served upon the applicant on 20.03.2025. He has further pointed out that immediately the applicant had applied for certified copy of the impugned judgment and award and after seeking legal advise, the decision was taken to challenge the aforesaid impugned judgment and award in the appeal before this Court. The attention of this Court was also invited to the grounds raised in the appeal to submit that the Tribunal has principally committed error in ignoring the settled legal position as regards the issue of fake license/no driving license viz-a-viz pay and recovery order are concerned. He has, therefore, urged this Court to allow the present application, and to hear the appeal of the applicant on merits.
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4. Learned advocate Mr. Alkesh N. Shah appearing for the respondent no.5-Insurance Company has forcefully objected to the aforesaid submissions, and has submitted that the applicant company was aware about the proceedings initiated by the original claimant, inasmuch as, the summons issued by the Tribunal in the original claim petition has been duly served. However, he has chosen not to appear and object to the claim petition. In view of the aforesaid record, the Tribunal has rightly proceeded to decide the claim petition in their absence. Having taken the risk of not objecting to the claim petition and Insurance Company having defended the claim petition by raising legal grounds available as per the provisions of the Act, the present application seeking condonation of delay is required to be not entertained, and has urged this Court to dismiss the same. The heavy reliance was placed on the averments made in the affidavit-in-reply.
5. Having heard the learned advocates for the respective parties and having perused the averments made in the application, and the defence raised in the reply, at the instance of the contesting respondent no.5, it is noticed that though the impugned judgment and award was pronounced on 27.02.2020 and the applicant became aware about the impugned judgment and award being pronounced with further directions of pay and recovery against the applicant only Page 3 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:40:16 IST 2025 NEUTRAL CITATION C/CA/3063/2025 ORDER DATED: 14/07/2025 undefined upon issue of the summons in the execution proceedings. The aforesaid fact has remained uncontroverted, even upon appreciation of the defence raised in the reply submitted by the respondent- Insurance Company. It is an admitted that the applicant was served with the summons in the original claim petition. However, the applicant has chosen not to contest the same by bona fidely relying upon the contract of indemnification being entered with respondent- Insuarnce Company. It is not the case of the respondent-Insurance Company that there did not exist any contract.
6. Considering the over all circumstances pointed out on record and noticing the fact that the applicant had approached this Court immediately, thereafter, having derived the knowledge of passing of the impugned judgment and award, this Court is inclined to condone the delay caused in preferring the appeal. However, noticing the fact that the Tribunal has invested almost period of 7 years in deciding the claim petition, the delay of 1821 days caused in preferring the appeal, is hereby condoned, on condition of deposit of costs of Rs.50,000/- by the present applicant. Let the aforesaid amount of costs be deposited within a period of two weeks from today with the concerned Legal Services Authority of concerned Tribunal. Subject to furnish the receipt of the cost amount being deposited, the Registry shall register Page 4 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:40:16 IST 2025 NEUTRAL CITATION C/CA/3063/2025 ORDER DATED: 14/07/2025 undefined the First Appeal.
7. With these observations, present Civil Application is allowed, and stands disposed of.
(NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 5 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:40:16 IST 2025