Bajaj Allianz General Insurance ... vs Bhavnaben Rameshbhai Makwana
2021 Latest Caselaw 458 Guj

          C/CA/1319/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 1319 of 2020

                    In F/FIRST APPEAL NO. 43210 of 2019

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         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD
                             Versus
                BHAVNABEN RAMESHBHAI MAKWANA
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Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
MR MONAL S CHAGLANI(10240) for the Respondent(s) No. 1,2
NOTICE SERVED(4) for the Respondent(s) No. 3,4
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 13/01/2021

                              ORAL ORDER

1. Rule. Mr.Monal Chaglani, learned advocate waives service of notice of Rule for the respondent nos.1 and 2.

2. Heard Ms. Kirti Pathak, learned advocate for the applicant and Mr. Monal Chaglani, learned advocate for the respondent Nos.1 and 2. Though served, none appears for the respondent nos.3 and 4.

2. By this application, the applicant has prayed for condonation of delay of 86 days which has occurred in preferring the first appeal.

3. It is stated by the learned advocate for the applicant that the impugned award / judgment was passed by the learned tribunal on 25.06.2019 and the certified copy of the same was received on 09.07.2019 and the same was received by the advocate's office in the

C/CA/1319/2020 ORDER

month of August, 2019. It is further stated that on receipt of the certified copy of the judgment, the facts were verified and the legal opinion was sought for preferring appeal. Thereafter, it was also required to seek permission from the competent authority. The concerned Legal Officer of the organization had received the same in July, 2019 and the new Coordinator took charge in September, 2019 and the officer took sometime to scrutinize the appeal memo and from 25.10.2019 to 11.11.2019, there was Diwali Vacation in the Court and the appeal could be preferred in the month of 2019. Thereafter, the necessary approvals could be sough for in the month of November, 2019 and subsequently, the first appeal was filed before this Court.

4. The explanation rendered shows that there is sufficient cause to condone the delay of 106 days. Accordingly, the delay of 106 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) MOHMMEDSHAHID