National Insurance Company ... vs Lakhuben Gobarbhai Makwana
2021 Latest Caselaw 12951 Guj

       C/CA/1213/2021                                 ORDER DATED: 31/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1213 of 2021

                        In F/FIRST APPEAL NO. 15045 of 2021

==========================================================
                   NATIONAL INSURANCE COMPANY LIMITED
                                  Versus
                      LAKHUBEN GOBARBHAI MAKWANA
==========================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
==========================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 31/08/2021

                                   ORAL ORDER

Heard learned advocate Mr. Maulik Shelat for the applicant insurance company.

2. All the respondents are served, however, they have chosen not to appear.

3. By way of this application, the applicant insurance company has prayed to condone delay of 411 days which has occasioned in preferring the First Appeal which is proposed against judgment and award impugned in then First Appeal.

4. Explaining the delay, it is stated that the applicant insurance company applied for certified copy of the judgment and award on 12.2.2019 which was received on the same day and came to be forwarded to Junagadh Divisional Office on 14.2.2019. It is stated that by inadvertence, the file was placed alongwith the disposed off files by the staff. When disposal files were reviewed, it was noticed that the case file

C/CA/1213/2021 ORDER DATED: 31/08/2021

of the judgment and award in question was also lying there. Thereafter, immediate steps were taken to process the same. It is stated that in the meantime, Covid 19 situation prevailed in the State to bring the entire affairs to a virtual stand-still.

5. The Divisional Office cleared the file to prefer the appeal and opinion of the advocate was obtained, whereafter the case papers were sent to the panel advocate to prefer the appeal and the appeal came to be preferred. It is submitted that the applicant insurance company had intended to challenge the judgment and award from the inception but due to above reason time elapsed to result into the aforesaid delay.

6. It is true that the delay is of 411 days, however, it is not the length of the delay but cause pleaded and the reasons furnished which became decisive. The say that the file was initially travelled with the disposed off files and thereafter processed and further delay in preferring the appeal occasioned on account of pandemic, are bona fide cause liable to be countenanced. The insurance company is an impersonate body.

7. In the totality of facts, the reasons supplied for delay make out sufficient cause. Resultantly delay of 411 days is condoned. The application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI