Gujarat High Court
National Insurance Company vs Zithrabhai Gumanbhai Muniya on 11 February, 2021
Bench: Vaibhavi D. Nanavati
C/FA/31515/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of
2020
In F/FIRST APPEAL NO. 31515 of 2018
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NATIONAL INSURANCE COMPANY
Versus
ZITHRABHAI GUMANBHAI MUNIYA
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Appearance:
MR DAKSHESH MEHTA for the PETITIONER(s) No.
for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 11/02/2021
IA ORDER
Heard learned advocate Ms.Masumi Nanavati for learned advocate
Mr.Dakshesh Mehta for the applicant.
Rule.
By way of the present application, the applicant has prayed for
condonation of delay of 333 days in filing the present civil application
for delay in restoring the Misc. Civil Application.
Learned advocate for the applicant has stated that the impugned
judgment and award was passed by the learned Tribunal on 12.10.2018.
She has further states that the main First Appeal was listed before the
Hon'ble Court (Coram: Hon'ble Mr.Justice A.G.Uraigee) for removal of
office objections on 10.12.2018. The Hon'ble Court was pleased to permit
the applicant to remove the office objections on or before 10.12.2018,
failing which the First Appeal would stand dismissed for non-
C/FA/31515/2018 IA ORDER
prosecution. Applicant has stated that the office objections could not be
removed within the prescribed time limit and the matter was dismissed
for non-prosecution at admission stage, thereafter the applicant had filed
another Misc. Civil Application (for restoration) No.1 of 2019 in F/FA
No.31515 of 2018 and the same was listed for direction with respect to
removal of office objections on 20.02.2019 and this Hon'ble Court
(Coram: Hon'ble Mr.Justice Umesh Trivedi) was pleased to permit the
applicant to remove officer objections on or before 19.03.2019. It is
submitted by the applicant that as there were two cognate and identical
First Appeals arising from M.A.C.P. No.577 of 2015 and 578 of 2015 for
F/F.A. No.31517 of 2018 and F/F.A. No.31515 of 2018 were filed having
similar names of the claimants. Inadvertently the objections could not be
removed as directed by this Hon'ble Court within the prescribed time
limit in Misc. Civil Application No.1 of 2019 in F/F.A.NO.31515 of
2018. The applicant was under the bonafide impression that the office
objections were removed in both the identical First Appeals arising from
the same accident. The execution was pressed for in March, 2020 and on
making discreet inquiry, it came to the notice of the applicant, that under
the bonafide impression, the applicant was not able to remove the office
objections as directed by this Court by order dated 10.12.2018 and
thereby Misc. Civil Application No.1 of 2019 was automatically
dismissed for non-prosecution at admission stage. It is further stated that
the one connected First Appeals came to be listed for hearing on
28.08.2020. The claimants has filed Civil Application for disbursement of
the amount under the Civil Application for stay. The applicant in the
present F/First APpeal along with the connected First Appeal was under
the bona fide impression that the office objections were already removed,
however, the first appeal never came to be restored in the month of
December, 2018. It is further stated by learned advocate for the applicant
C/FA/31515/2018 IA ORDER
that since there was lockdown across the country due to global pandemic
because of Corona Virus.
The explanation rendered by the learned advocate for the
applicant requires consideration.
Accordingly, the delay of 333 days occurred in filing the civil
application for delay in restoring the Misc. Civil Application is
required to be condoned and the same is hereby condoned. The Civil
Application is allowed to the aforesaid extent. Rule is made
absolute.
(VAIBHAVI D. NANAVATI,J)
VARSHA DESAI
