National Insurance Co vs Minor Rupali Mansukhbhai Metariya

Citation : 2025 Latest Caselaw 1090 Guj
Judgement Date : 9 June, 2025

Gujarat High Court

National Insurance Co vs Minor Rupali Mansukhbhai Metariya on 9 June, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/2797/2025                                  ORDER DATED: 09/06/2025

                                                                                                              undefined




                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2797 of
                                                    2025

                                               In F/FIRST APPEAL NO. 8084 of 2025

                       ==========================================================
                                              NATIONAL INSURANCE CO.
                                                       Versus
                                      MINOR RUPALI MANSUKHBHAI METARIYA & ANR.
                       ==========================================================
                       Appearance:
                       MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
                       MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 09/06/2025

                                                           ORAL ORDER

1. Heard Mr. Dakshesh Mehta, learned advocate on record for the applicant.

2. Issue Rule returnable forthwith.

3. Looking to the number of days involved, the present application is taken up for final hearing in absence of the respondents.

4. Learned advocate at the outset has invited my attention to the averments made in the application and has submitted that the impugned judgment and award was pronounced on 07.10.2024. The advocate appearing before the Tribunal had Page 1 of 2 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:58:34 IST 2025 NEUTRAL CITATION C/CA/2797/2025 ORDER DATED: 09/06/2025 undefined thereafter applied for certified copy on 10.10.2024 and the certified copy of the impugned judgment and award was made available on 04.12.2024. It is further pointed out that though the amount of Rs.25,000/- was deposited, the receipt was issued lately. In the process, delay of 6 days had crept in, in preferring the captioned appeal.

5. Learned advocate had further submitted that the applicant has good case on merits and he has therefore urged this Court to take liberal view and to condone the delay and to decide the main appeal on merits.

6. Considering the aforesaid submissions of the learned advocate for the applicant and looking to the averments made in the application, the present application seeking condonation of delay of 6 days in preferring the captioned appeal deserves consideration. The delay of 6 days caused in preferring the captioned appeal is hereby condoned. Rule is made absolute.

7. Looking to the nature of main proceedings, Registry is directed to notify the First Appeal for admission/hearing on 11.06.2025.

(NISHA M. THAKORE,J) MAYA Page 2 of 2 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:58:34 IST 2025