National Insurance Co Ltd vs Nitaben Daxeshbhai Pandya
2021 Latest Caselaw 2074 Guj

         C/CA/3012/2020                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CIVIL APPLICATION NO. 3012 of 2020

                   In F/FIRST APPEAL NO. 26727 of 2020

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                      NATIONAL INSURANCE CO LTD
                                 Versus
                      NITABEN DAXESHBHAI PANDYA
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Appearance:
MR GC MAZMUDAR(1193) for the Applicant(s) No. 1
MR HG MAZMUDAR(1194) for the Applicant(s) No. 1
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 6
RULE SERVED(64) for the Respondent(s) No. 1
RULE UNSERVED(68) for the Respondent(s) No. 3,4,5
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 11/02/2021

                               ORAL ORDER

1. Heard Mr. H. G. Mazmudar, learned advocate for the applicant and Mr. Palak H. Thakkar,, learned advocate for the respondent No.6.

2. By this application, the applicant has prayed for condonation of delay of 52 days which has occurred in preferring the first appeal.

3. It is stated that the judgment/award was pronounced on 1.10.2019. The applicant applied for certified copy on 1.10.2019 and it was received on 25.10.20219. The advocate appearing for Insurance Company sent papers to Insurance Company on 21.5.2020 at Nadiad

C/CA/3012/2020 ORDER

Office and Nadiad Office sent all the papers to Regional Office at Vadodara on 15.6.2020. The applicant had to obtain legal opinion from the advocate appearing before the High Court on 31.7.2020 and it was received on 5.8.2020. Upon receipt of the opinion, a decision was taken to file the appeal. The Insurance Company supplied money receipt and Court fees on 16.10.2020 due to lockdown.

4. Going through the contents of the application this Court is of the view that the delay is administrative in nature and is required to be condoned. Accordingly, the delay of 52 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