Gujarat High Court
Cholamandalam Ms General Insurance Co. ... vs Hurmanbhai Bachubhai Parmar on 13 October, 2025
NEUTRAL CITATION
C/CA/4217/2025 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4217 of
2025
In F/FIRST APPEAL NO. 23981 of 2025
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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
Versus
HURMANBHAI BACHUBHAI PARMAR & ANR.
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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.HIREN M MODI(3732) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 13/10/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 60 days caused in preferring the appeal against the impugned judgment and award dated 07.02.2025 passed in M.A.C.P. No.316 of 2022.
2. Heard learned advocates for the parties.
3. Learned advocate for the applicant submitted that the delay of 60 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 not prefer the appeal within the prescribed period of limitation. Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Mon Oct 13 2025 Downloaded on : Tue Oct 14 04:06:41 IST 2025
NEUTRAL CITATION C/CA/4217/2025 ORDER DATED: 13/10/2025 undefined
4. However, learned advocate Mr. Hiren M. Modi appearing on behalf of the respondent no.2 submitted that considering the facts and circumstances of the present case, the appropriate order may be passed.
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 60 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 name of the learned advocate Mr. Hiren M. Modi for respondent No.2 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 Mon Oct 13 2025 Downloaded on : Tue Oct 14 04:06:41 IST 2025