Oriental Insurance Company vs Hinaben Gopalbhai Solanki
2021 Latest Caselaw 2101 Guj

          C/CA/1024/2020                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 1024 of 2020

                    In F/FIRST APPEAL NO. 38483 of 2019

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                      ORIENTAL INSURANCE COMPANY
                                  Versus
                       HINABEN GOPALBHAI SOLANKI
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Appearance:
MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4,5,6
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                 Date : 11/02/2021

                                  ORAL ORDER

1. Heard Ms. Masumi Nanavati, learned advocate appearing for Mr. Dakshesh Mehta, learned advocate for the applicant.

2. By this application, the applicant has prayed for condonation of delay of 34 days which has occurred in preferring the first appeal.

3. It is stated that the judgment/award was pronounced on 4.7.2019. The applicant applied for certified copy on 5.7.2019 and it was received on 24.7.2019. The advocate for the Insurance Company sent the file alongwith papers on 6.8.2019 to the Branch Office. The Branch Office submitted the file to the Regional Office with request to file an

C/CA/1024/2020 ORDER

appeal on 20.8.2019. The file was sent back to the Branch Office on 10.9.2019 for obtaining necessary papers. The Branch Office directed the advocate to collect the necessary papers for filing an appeal on 25.9.2020. The advocate obtained copies of necessary papers from the Tribunal on 17.10.2019. The advocate sent all the papers to the Branch Office on 25.10.2019. The Branch Office sent the file to the Regional Office on 15.11.2019. The Regional Office submitted file to the advocate appearing before the High Court on 21.11.2019 and appeal was prepared and filed on 25.11.2019.

4. Going through the contents of the application this Court is of the view that the delay is genuine and is required to be condoned. Accordingly, the delay of 34 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