Gujarat High Court
The New India Assurance Co. Ltd vs Kumodben W/O Sohanbhai Swami on 4 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/1575/2025 ORDER DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1575 of
2025
In F/FIRST APPEAL NO. 7527 of 2025
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THE NEW INDIA ASSURANCE CO. LTD.
Versus
KUMODBEN W/O SOHANBHAI SWAMI & ORS.
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Appearance:
MR SUNIL B PARIKH(582) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1,2,3,5,6,9
RULE SERVED for the Respondent(s) No. 8
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 04/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant for condoning the delay of 58 days in preferring the appeal against the order dated 19.09.2024 passed by the 4 th Additional District Judge and M.A.C.T. (Auxi.), Ahmedabad Rural in MACP No.936 of 2016.
2. Learned advocate Mr. Sunil Parikh for the appellant has filed a leave note today.
3. It is reported that the rule issued by this Court under dated 13.03.2025 is served however, none has appeared on behalf of the respondents.
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4. From the pleadings, it appears that the judgment and award was pronounced on 19.09.2024 and the certified copy which was applied on 20.09.2024 was received on 09.10.2024. Further, two opinions were sought to file appeal or not and after receiving the opinion dated 14.12.2024 decision was taken to file the appeal. Hence, some delay has occurred in following the procedure.
5. Considering the aforesaid, particularly, period of 58 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
6. Considering the averments made in the application and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
7. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
8. In view of the aforesaid, the application is allowed. The delay of 58 days caused in preferring the appeal Page 2 of 3 Uploaded by SIDDHARTH(HC01065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:12:26 IST 2025 NEUTRAL CITATION C/CA/1575/2025 ORDER DATED: 04/09/2025 undefined against the order dated 19.09.2024 passed by the 4 th Additional District Judge and M.A.C.T. (Auxi.), Ahmedabad Rural in MACP No.936 of 2016 is hereby condoned. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.
(A.Y. KOGJE, J) (NSSG,J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:12:26 IST 2025