The Oriental Insurance Co.Ltd vs Sharvanikaben Wd/O Kishorbhai ...
2021 Latest Caselaw 1743 Guj

        C/CA/1753/2020                                            ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CIVIL APPLICATION NO.              1753 of 2020

               In F/FIRST APPEAL NO. 16749 of 2020

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              THE ORIENTAL INSURANCE CO.LTD.
                           Versus
      SHARVANIKABEN WD/O KISHORBHAI KESHAVBHAI PATEL
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Appearance:
MR VC THOMAS(5476) for the Applicant(s) No. 1
MR BS KHATANA(3671) for the Respondent(s) No. 4
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3
RULE SERVED(64) for the Respondent(s) No. 5,6
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 05/02/2021

                               ORAL ORDER

1. Heard Mr. V.C. Thomas, learned advocate for the applicant. Mr. B.S. Khatana, learned advocate appears for respondent no.4 and accordingly, waives service of notice of rule. Though served, none appears for rest of the respondents.

2. By way of the present application, the applicant has prayed for condonation of delay of 619 days occurred in preferring the appeal.

3. Mr. V.C.Thomas, learned advocate for the applicant states that the impugned judgment and award was passed on 07.04.2018. The certified copy of the judgment and award was not available for one year. Thereafter, the advocate applied for certified copy for second time on 26.02.2019 and the same was received on 15.03.2019. The papers were sent to the

C/CA/1753/2020 ORDER

office of the applicant on 18.03.2019 along with legal opinion of the advocate. He further states that the applicant company is required to follow the administrative procedure as per rules and regulations of the company. He also states that due to Covid-19 pandemic also there is some delay in filing of the appeal. He further states that there is no inaction, negligence or malafide motive on the part of the applicant for delay in filing of the appeal.

5. The reasons for delay explained by learned advocate for the applicant requires consideration. Accordingly, the delay of 619 days occurred in filing of the First Appeal requires to be condoned and is hereby condoned.

6. The present application is allowed to the aforesaid extent. Rule is made absolute in the above terms.

(VAIBHAVI D. NANAVATI,J)

NEHA