Revaben Rameshbhai Damor vs Sherukhan Nawabkhan Meu
2021 Latest Caselaw 930 Guj

          C/CA/2008/2020                                             ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2008 of 2020

                     In F/FIRST APPEAL NO. 3981 of 2020

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                       REVABEN RAMESHBHAI DAMOR
                                 Versus
                       SHERUKHAN NAWABKHAN MEU
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Appearance:
MR PARESH M DARJI(3700) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 3
RULE NOT RECD BACK(63) for the Respondent(s) No. 5
RULE SERVED(64) for the Respondent(s) No. 4
RULE UNSERVED(68) for the Respondent(s) No. 1
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                  Date : 20/01/2021

                                   ORAL ORDER

1. Heard Mr. Paresh M. Darji, learned advocate for the applicants and Ms. Dimple A. Thaker, learned advocate for the respondent No.3.

2. By this application, the applicant has prayed for condonation of delay of 166 days which has occurred in preferring the first appeal.

3. It is stated by Mr. Paresh M. Darji, learned advocate for the applicants that the impugned judgment and award was passed on 17.5.2019 and the clerk of the advocate applied for certified copy on 14.6.2019 and the same was delivered on 24.6.2019. The

C/CA/2008/2020 ORDER

applicants came to know about the impugned judgment and award at the end of July, 2019. Being aggrieved by the said judgment and award the applicants approached the learned advocate. It is further stated that there was an error in the name of Insurance Company i.e. The New India Assurance Company Limited instead of The Oriental Insurance Company Limited. Accordingly the applicants preferred Review Application No.140 of 2019 before the Tribunal. The said review application was decided on 15.11.2019.

4. The delay of 166 days which has occurred in instituting the first appeal seems to be genuine and no malafide intention is noted. Accordingly, the delay of 166 days which has occurred in instituting the first appeal is required to be condoned. The condonation of delay application is allowed. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED