The Oriental Insurance Company ... vs Neelaben W/O Prafulbhai Kanubhai ...
2021 Latest Caselaw 2021 Guj

         C/CA/2267/2020                                              ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 2267 of 2020

                   In F/FIRST APPEAL NO. 15819 of 2020

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             THE ORIENTAL INSURANCE COMPANY LIMITED
                              Versus
             NEELABEN W/O PRAFULBHAI KANUBHAI PATEL
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Appearance:
MR MITESH L RANGRAS(3324) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 7
MR HARSHADRAY A DAVE(3461) for the Respondent(s) No. 1,2,3,4
MR HG MAZMUDAR(1194) for the Respondent(s) No. 7
RULE NOT RECD BACK(63) for the Respondent(s) No. 5,6
RULE SERVED(64) for the Respondent(s) No. 7,9
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 8
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 10/02/2021

                                 ORAL ORDER

1. Heard Mr. Mitesh L. Rangras, learned advocate for the applicant, Mr. Harshadray A. Dave, learned advocate for the respondents No.1 to 4 and Mr. H. G. Mazmudar, learned advocate for the respondent No.7.

2. By this application, the applicant has prayed for condonation of delay of 127 days which has occurred in preferring the first appeal.

3. It is submitted that the judgment and award was passed by the learned Tribunal on 2.12.2019 and certified copy of the same was

C/CA/2267/2020 ORDER

received on 2.1.2020. The advocate appearing for the Insurance Company before the learned Tribunal sent certified copy to Insurance Company on 8.1.2020. The Divisional Office, Anand had sent copy of order to Regional Office on 1.2.2020 for obtaining legal opinion. The Regional Office sought opinion of the advocate on 12.2.2020. It is further stated that all the documents were received by the Divisional Office on 20.3.2020 and sent to the Regional Office, Ahmedabad. Thereafter due to Covid­2019 Courts were closed.

4. Going through the contents of the application this Court is of the view that the delay is genuine and it requires to be condoned. Accordingly, the delay of 127 days which has occurred in instituting the first appeal is condoned. The application is allowed. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED