Gujarat High Court
Reliance General Insurance Company Ltd vs Babubhai Tribhuvanbhai Rathod on 9 June, 2025
NEUTRAL CITATION
C/CA/2695/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2695 of
2025
In F/FIRST APPEAL NO. 13633 of 2025
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RELIANCE GENERAL INSURANCE COMPANY LTD
Versus
BABUBHAI TRIBHUVANBHAI RATHOD & ORS.
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Appearance:
MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Ms. Masumi V. Nanavaty, learned advocate on record for the applicant - insurance company.
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 the absence of the respondents. Learned advocate for the applicant at the outset had invited my attention to the averments made in the application. She has submitted that the impugned judgment was pronounced on 25.10.2024 however the advocate on Page 1 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:54:37 IST 2025 NEUTRAL CITATION C/CA/2695/2025 ORDER DATED: 09/06/2025 undefined record was not aware about the pronouncement of the judgment. Being known with the fact of the judgment being pronounced, the certified copy of the same was immediately applied on 08.11.2024. The certified copy was thereafter provided on 27.12.2024. Learned advocate had further pointed out that the certified copy of the judgment was forwarded to the learned advocate on record for the applicant in the present appeal on 02.01.2025 through courier which was received on 07.01.2025. She has further submitted that after going through the judgment and the opinion expressed by the advocate on record before the Tribunal, the appropriate decision was taken to engage the present advocate on record to pursue the proceedings of appeal. Further time was consumed in seeking instructions with regard to the court fees on receipt of the papers on 24.02.2025. The appellant - insurance company was informed about the requisite court fees to be affixed on the memo of appeal. Upon approval of the draft of memo of first appeal, the present appeal was preferred. However in the process, the delay of 53 days has crept in. By making the aforesaid submission, learned advocate had submitted that all throughout the insurance company was pursuing the matter to approach in appeal however because of the process involved the time was consumed. She has therefore urged to take liberal view and to condone the delay.
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NEUTRAL CITATION C/CA/2695/2025 ORDER DATED: 09/06/2025 undefined
4. Considering the aforesaid explanation offered by the learned advocate for the applicant, in the opinion of this court sufficient cause is made out to condone the delay. Hence the delay of 53 days caused in preferring the captioned appeal is hereby condoned. Rule is made absolute. Application stands disposed of accordingly.
(NISHA M. THAKORE,J) MAYA Page 3 of 3 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Jun 10 2025 Downloaded on : Tue Jun 10 23:54:37 IST 2025