United India Insurance Company ... vs Sumitji Abhuji Thakor
2021 Latest Caselaw 480 Guj

          C/CA/2718/2020                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2718 of 2020

                    In F/FIRST APPEAL NO. 24627 of 2020

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                UNITED INDIA INSURANCE COMPANY LTD
                                Versus
                       SUMITJI ABHUJI THAKOR
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Appearance:
MR GC MAZMUDAR(1193) for the Applicant(s) No. 1
MR HG MAZMUDAR(1194) for the Applicant(s) No. 1
MR KK THAKKAR(2834) for the Respondent(s) No. 1,2,3,4,5
RULE UNSERVED(68) for the Respondent(s) No. 6
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 7
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 13/01/2021

                            ORAL ORDER

1. Heard Mr. G. C. Mazmudar, learned advocate for the applicant. Mr. K. K. Thakkar, learned advocate appears for respondents No.1, 2, 3, 4 and 5.

2. By this application, the applicant has prayed for condonation of delay of 83 days which has occurred in preferring the first appeal.

3. It is stated by the learned advocate for the applicant that the impugned judgment/award was pronounced on 25.9.2019. Certified copy of the same was received by the office of the applicant on 30.1.2020.

        Some     papers     were     not       available        with         the





               C/CA/2718/2020                                               ORDER

office of the applicant therefore they were required to be brought from the regional office, but due to lockdown there was some difficulty in collecting the required papers. Opinion of the advocate was sought for filing first appeal. After seeking requisite permission from the competent authority the papers were sent to the advocate of the High Court for filing the appeal on 6.7.2020. The offices of the Insurance Company are situated at different places and, therefore, it consumed some time to seek requisite permission. Therefore, there is delay in filing the first appeal.

4. There is no deliberate delay or negligence on the part of the applicant. The delay explained by the applicants appears to be genuine and the Court is inclined to condone the delay. Accordingly, the delay of 83 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