New India Assurance Company Ltd vs Champaben Babubhai Parmar
2021 Latest Caselaw 247 Guj

         C/CA/2608/2020                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL APPLICATION NO.                2608 of 2020

               In F/FIRST APPEAL NO. 23137 of 2020

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                NEW INDIA ASSURANCE COMPANY LTD
                             Versus
             CHAMPABEN BABUBHAI PARMAR & 5 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Applicant(s) No. 1
RULE NOT RECD BACK(63) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 08/01/2021

                                   ORAL ORDER

1. Heard Shri Maulik Shelat, learned advocate for the applicant. Though served, none appears for respondent nos.1 and 2.

2. This application is filed for condoning the delay of 16 days occurred in filing of the appeal. It is stated that the certified copy of the judgment and award passed by the Tribunal dated 22.11.2019 was received by the applicant on 30.11.2019 and the same was submitted to the Palanpur office by the applicant on 03.01.2020. The opinion was sought for whether to file an appeal or not. After seeking an opinion, due to national lockdown which was announced on 24.03.2020, the applicant could not approach the Court within the stipulated time and thereby, occurred delay of 16 days in filing of the appeal.

          C/CA/2608/2020                                         ORDER




3.     The    applicant     has      sufficiently         explained            the
delay        and      the   same          requires        consideration.

Accordingly, the delay is condoned. The application seeking condonation of delay of 16 days occurred in filing of the First Appeal is hereby allowed. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J)

NEHA