Gujarat High Court
The New India Assurance Co. Ltd., ... vs Lh Of Decd Vitthalbhai @ Nishalbhai ... on 25 September, 2025
NEUTRAL CITATION
C/CA/4938/2025 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4938
of 2025
In F/FIRST APPEAL NO. 22795 of 2025
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THE NEW INDIA ASSURANCE CO. LTD., BARDOLI BRANCH
Versus
LH OF DECD VITTHALBHAI @ NISHALBHAI RATHOD (HALPATI) &
ORS.
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Appearance:
MR.KRUTIK A PARIKH(7268) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 63 days caused in preferring the appeal against the impugned judgment and award.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submitted that the delay of 63 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.
4. Considering the fact that the delay has occurred owing to Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 23:34:09 IST 2025 NEUTRAL CITATION C/CA/4938/2025 ORDER DATED: 25/09/2025 undefined 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 63 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Thu Sep 25 2025 Downloaded on : Thu Sep 25 23:34:09 IST 2025