Gujarat High Court
Magma Hdi General Insurance Co Ltd vs Sumitrabai Motiramji Shande on 9 June, 2025
NEUTRAL CITATION
C/CA/2755/2025 ORDER DATED: 09/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2755 of
2025
In F/FIRST APPEAL NO. 13188 of 2025
==========================================================
MAGMA HDI GENERAL INSURANCE CO LTD.
Versus
SUMITRABAI MOTIRAMJI SHANDE & ORS.
==========================================================
Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Ms. Tanvi Chavda, learned advocate appearing on behalf of Ms. Kirti S. Pathak, learned advocate on record for the applicant.
2. Issue Rule returnable forthwith.
3. Looking to the minimal number of days of delay involved in preferring the captioned appeal, the present application is taken up for hearing in absence of the respondents.
4. Learned advocate for the applicant at the outset has Page 1 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Jun 13 2025 Downloaded on : Fri Jun 13 23:47:40 IST 2025 NEUTRAL CITATION C/CA/2755/2025 ORDER DATED: 09/06/2025 undefined invited my attention to the averments made in the application and has submitted that after the impugned judgment and award was pronounced on 14.11.2024, the advocate on record for the appellant - insurance company has applied for certified copy of the said judgment on 14.11.2024 itself which was ready and delivered on 17.11.2024. She has further submitted that upon verifying the contents of the award, the concerned legal officer having meticulously scrutinized, sanction for preferring appeal. The penal advocate of the appellant insurance company was engaged in the last week of March 2025 whereby after receiving necessary instructions, the advocate had prepared appeal memo in the 1 week of April 2025 which was forwarded to the competent st authority for approval. She has submitted that in the process, the delay of 32 days had crept in in preferring the captioned appeal. By making the aforesaid submission, learned advocate has submitted that there was no malafide intention or dilatory tactics on part of the appellant - insurance company in not preferring the appeal within the stipulated period of limitation. All through out in fact the applicant - insurance company was pursuing the matter for appeal. She has therefore urged this court to take liberal view and to condone the delay.
5. Considering the aforesaid submissions of the learned Page 2 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Jun 13 2025 Downloaded on : Fri Jun 13 23:47:40 IST 2025 NEUTRAL CITATION C/CA/2755/2025 ORDER DATED: 09/06/2025 undefined advocate for the applicant in the opinion of this Court the explanation offered by the applicant demonstrates that all throughout the insurance company was in process for pursuing the matter for preferring an appeal.
6. Looking to the nature of proceedings involved taking liberal approach in the matter more particularly, in absence of any gross negligence or inaction on the part of the insurance company, the delay of 32 days caused in preferring the captioned appeal deserves consideration. Hence, delay caused in preferring the captioned appeal is hereby condoned. Rule is made absolute. Civil Application stands allowed accordingly.
(NISHA M. THAKORE,J) MAYA Page 3 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri Jun 13 2025 Downloaded on : Fri Jun 13 23:47:40 IST 2025