United India Insurance Co.Ltd vs Prince C Piter
2021 Latest Caselaw 12600 Guj

     C/CA/2671/2019                                         ORDER DATED: 26/08/2021


           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2671 of 2019
                       In F/FIRST APPEAL NO. 11933 of 2019
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                        UNITED INDIA INSURANCE CO.LTD
                                     Versus
                                PRINCE C PITER
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Appearance:
MR VC THOMAS(5476) for the Applicant(s) No. 1
NOTICE ISSUED BY PUBLICATION(77) for the Respondent(s) No. 3
RULE SERVED BY DS(65) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 26/08/2021

                                  ORAL ORDER

Heard learned advocate Mr.V.C. Thomas for the applicant. Respondent Nos.1 and 2 are served. Respondent No.3 is served by mode of publication. Despite service to all, none has appeared.

2. The prayer in this Civil Application is to condone delay of 235 days which has occurred in filing the First Appeal against judgment and award of Motor Accident Claims Tribunal (Aux.), Vadodara dated 27th April, 2018 in Motor Accident Claims Petition No.870 of 2003.

3. Certified copy was immediately applied on 01st May, 2018. Thereafter legal opinion was sought. Papers travelled to regional office and ultimately, after taking decision, the case file was sent to the advocate at High Court level.

4. It is submitted that as as per the administrative procedure of the applicant-insurance

C/CA/2671/2019 ORDER DATED: 26/08/2021

company, file has to travel to different levels before final decision could be reached. Time consumed in this process could be viewed as making out sufficient cause.

5. Delay of 235 days deserves to be condoned. The same is condoned. Application is allowed. Rule stands discharged.

(N.V.ANJARIA, J) ANUP