New India Assurance Co Ltd vs Ashwinbhai Parsottambhai Tandel
2021 Latest Caselaw 920 Guj

           C/CA/2787/2020                                         ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 2787 of 2020

                     In F/FIRST APPEAL NO. 23215 of 2020

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                      NEW INDIA ASSURANCE CO LTD
                                 Versus
                   ASHWINBHAI PARSOTTAMBHAI TANDEL
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Appearance:
MR PALAK H THAKKAR(3455) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 20/01/2021

                                 ORAL ORDER

1. The present application has been filed for seeking condonation of delay of 19 days occurred in filing the first appeal.

2. Heard learned advocate Ms. Diva Sood for learned advocate Mr.Palak Thakkar for the applicant. Though served, none appears for the respondent nos.1 and 2.

3. It is stated by the learned advocate for the applicant that the impugned judgment and award was passed by the learned tribunal on 18.11.2019 and the certified copy of the same was received on 27.11.2019. The Divisional Office of the applicant at Valsad made a note on 10.12.2019 recommended that the appeal be filed before the High Court. It is further stated that the Regional Office had to seek an opinion from the advocate and accordingly, on receiving an opinion from the learned advocate, the appeal came to be filed on 17.03.2020. It is further stated that one of the reasons for delay is such that in the meantime, there was a lockdown in the entire country due to Covid

C/CA/2787/2020 ORDER

Pandemic.

4. The explanation rendered by the applicant requires consideration.

5. In that view of the matter, the delay as explained in the application is sufficiently explained by the learned advocate for the applicant and accordingly, the same is required to be condoned.

6. Accordingly, the delay is condoned. Rule is made absolute.

7. Civil application is allowed.

(VAIBHAVI D. NANAVATI,J) MOHMMEDSHAHID