Gujarat High Court
Meet Dipteshbhai Dave vs Vivekkumar Gulshanlal Agrawal on 29 September, 2025
NEUTRAL CITATION
C/CA/3068/2025 ORDER DATED: 29/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3068
of 2025
In F/FIRST APPEAL NO. 12542 of 2025
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MEET DIPTESHBHAI DAVE
Versus
VIVEKKUMAR GULSHANLAL AGRAWAL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
SERVED BY AFFIX(N) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 760 days caused in preferring the appeal against the impugned judgment and award.
2. Heard learned advocates for the parties.
3. Learned advocate for the applicant submitted that the applicant had preferred the review application against the judgment and award dated 13.12.2022 passed by the learned Tribunal, Vadodara in M.A.C.P No.97 of 2016. He further submitted that the application of review was decided by the learned Tribunal vide order dated 06.01.2025. Thereafter, the Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Oct 04 2025 Downloaded on : Mon Oct 06 21:57:45 IST 2025 NEUTRAL CITATION C/CA/3068/2025 ORDER DATED: 29/09/2025 undefined present appeal along with the application for condonation of delay came to be filed on 11.04.2025. He further submitted that as such no lengthy delay has occurred in preferring the appeal against the original impugned judgment and award dated 06.01.2025. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons fo the pendency of the review application before the learned Tribunal. He further submitted that the applicant has calculated the delay from the date of original order passed in the claim petition on 13.12.2022.
4. On the other hand, learned advocate Ms Kirti S Pathak appearing on behalf of the Insurance Company submitted that considering the facts and circumstances of the present case, the appropriate order may be passed.
5. Having regard to the submissions of the learned advocates for the parties it is evident from the record that the learned Tribunal has passed the award on 13.12.2022 thereafter the applicant has preferred the review petition before the learned Tribunal which came to be registered as M.A.C.R.P. No.11 of 2022 and the said petition came to be decided by the learned Tribunal vide impugned judgment and award dated 06.01.2025. The appeal in question has been preferred along with the Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Oct 04 2025 Downloaded on : Mon Oct 06 21:57:45 IST 2025 NEUTRAL CITATION C/CA/3068/2025 ORDER DATED: 29/09/2025 undefined application for condonation of delay on 11.04.2025. Thus, having regard to the facts and circumstances of the case, I am of the considered view that the delay has been sufficiently explained and the same deserves to be condoned. Accordingly, the delay is condoned. No order as to costs.
6. In view of the above directions, the present application disposed of.
(MOOL CHAND TYAGI, J) CDP Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Oct 04 2025 Downloaded on : Mon Oct 06 21:57:45 IST 2025