The Oriental Insurance Co. Ltd. vs Sagarben Bhalabhai Parmar
2021 Latest Caselaw 2315 Guj

          C/CA/3494/2019                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 3494 of 2019
                                   In
                    F/FIRST APPEAL NO. 27826 of 2019

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                    THE ORIENTAL INSURANCE CO. LTD.
                                 Versus
                      SAGARBEN BHALABHAI PARMAR
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Appearance:
MR VC THOMAS(5476) for the Applicant(s) No. 1
MR PRADIP J PATEL(5896) for the Respondent(s) No. 1,2,3,4,5
RULE SERVED(64) for the Respondent(s) No. 6,7
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 12/02/2021
                              ORAL ORDER

Heard learned advocate Mr.V.C.Thomas for the applicant.

Though served, none appears for the respondent nos.6 and 7. Learned advocate Mr.Pradip Patel appears for the respondent nos.1 to 5.

This application is filed for condoning the delay of 20 days occurred in filing the First Appeal.

Learned advocate for the applicant has explained the delay in paragraph no.4 and 5 of the application.

Learned advocate for the applicant has stated the the impugned judgment and award passed on 08.04.2019 for which, certified copy was applied on 15.04.2019, which was ready on 15.05.2019 and the same collected by the advocate on 19.05.2019. He has stated that thereafter the advocate for the applicant has sent the file to the Regional Office of the applicant at Vadodara on 12.06.2019, which was transferred to the

C/CA/3494/2019 ORDER

Regional Office at Ahmedabad with a detailed note on 13.06.2019 and the same was received by the Regional Office at Ahmedabad on 18.06.2019. He has stated that after receipt of the requisite documents, the competent authority has sent the papers to the panel advocate of the High Court for his legal opinion, which was received by the advocate on 12.07.2019. He has stated that the penal advocate has recommended filing an appeal and sent the papers on 19.07.2019 and thereafter, the same was sent back to the advocate for filing an appeal on 13.08.2019. Thus, he has stated that the delay of 20 days occurred in filing of the First appeal.

It is also stated by the learned advocate for the applicant that delay is not deliberate and there is no negligence on the part of the applicant.

It appears that the delay has occurred because of the administrative procedure, which is required to be followed by the applicant-Insurance Company. It seems that the delay occurred in filing the First Appeal is not intentional or with any mala fide intention.

Accordingly, the delay of 20 days occurred in filing the First Appeal 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) ABHISHEK