Gujarat High Court
Cholamandalam Ms General Insurance Co. ... vs Hasmukhbhai Punabhai Parmar on 3 October, 2025
NEUTRAL CITATION
C/CA/2359/2025 ORDER DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2359
of 2025
In F/FIRST APPEAL NO. 12730 of 2025
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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. MEHSANA
Versus
HASMUKHBHAI PUNABHAI PARMAR & 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
MR D S GADHVI(11310) for the Respondent(s) No. 1
MR. SHIVAM N THAKKAR(10024) for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 03/10/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 98 days caused in preferring the appeal against the impugned judgment and award dated 01.10.2024 passed in M.A.C.P. No.76 of 2021.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submitted that the delay of 98 days in preferring the appeal occurred owing to the reasons that the necessary papers were sent from branch office to head office of the Insurance Company for seeking the permission to prefer the appeal, therefore, the applicant could Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 00:54:15 IST 2025 NEUTRAL CITATION C/CA/2359/2025 ORDER DATED: 03/10/2025 undefined not prefer the appeal within the prescribed period of limitation.
4. The notices have been duly served upon all the respondents. Despite service of notices, they have chosen not to appear before the Court when the matter was called out.
5. Considering the fact that the delay has occurred owing to the transmission of the record from the branch office to the head office and in conveying the necessary instructions for briefing, in my view, the cause shown is sufficient to condone the delay. Hence, the delay of 98 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. No order as to costs. The present application is disposed of.
6. Registry is directed to reflect the names of the respective advocates of the parties in the cause list of the First Appeal.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Oct 04 2025 Downloaded on : Tue Oct 07 00:54:15 IST 2025