Ruksarben Samimbhai Shaikh vs Rupeshbhai Manubhai Zaveri
2021 Latest Caselaw 2100 Guj

          C/CA/2460/2020                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2460 of 2020

                    In F/FIRST APPEAL NO. 22380 of 2020

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                      RUKSARBEN SAMIMBHAI SHAIKH
                                Versus
                      RUPESHBHAI MANUBHAI ZAVERI
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR MAULIK J SHELAT(2500) for the Respondent(s) No. 3
RULE UNSERVED(68) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                 Date : 11/02/2021

                                  ORAL ORDER

1. Heard Mr. Nishit A. Bhalodi, learned advocate for the applicant and Mr. Maulik J. Shelat, learned advocate for the respondent No.3.

2. By this application, the applicant has prayed for condonation of delay of 102 days which has occurred in preferring the first appeal.

3. It is stated that the judgment/award was pronounced on 5.9.2019. The applicant applied for certified copy on 6.9.2019 and it was received on 20.11.2019. The vakalatnama was signed on 24.1.2020 for filing first appeal. The advocate appearing for Insurance Company before the High Court raised requirement of

C/CA/2460/2020 ORDER

documents on 18.2.2020. The requisite documents were provided on 6.3.2020. The affidavit was affirmed on 20.6.2020 and first appeal was filed on 12.10.2020.

4. Going through the contents of the application this Court is of the view that the delay is genuine and not intentional and is required to be condoned. Accordingly, the delay of 102 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