National Insurance Co vs Lh Of Munji Namaro Harijan
2021 Latest Caselaw 3647 Guj

          C/CA/3048/2019                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 3048 of 2019

                    In F/FIRST APPEAL NO. 18702 of 2019

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                         NATIONAL INSURANCE CO
                                  Versus
                       LH OF MUNJI NAMARO HARIJAN
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Appearance:
MS MASUMI NANAVATI for MR DAKSHESH MEHTA(2430) for the
Applicant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
 for the Respondent(s) No. 1,1.1
RULE SERVED(64) for the Respondent(s) No.
1.1.1,1.1.2,1.1.3,1.1.4,1.1.5,1.1.6,1.2,1.3,1.4,2,3,4,5
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 02/03/2021
                              ORAL ORDER

1. Heard learned Advocate Ms. Masumi Nanavati for learned Advocate Mr. Dakshesh Mehta for the applicant.

2. By way of this application the applicant has prayed for condoning the delay of 109 days in filing the captioned First Appeal against the judgment and award dated 29.09.2018 passed by the learned M.A.C. Tribunal, Anjar- Kachchh in New M.A.C.P. No. 168 of 2015.

3. Records show that Rule had been issued vide order dated 25.09.2019 and whereas it appears that the Rule had been served upon the opponents herein, yet they have chosen not to appear.

4. Learned Advocate Ms. Nanavati submits that the delay of 109 days had occurred on account of the strict procedure which is followed by the Insurance Company. Learned Advocate has also drawn attention of this

C/CA/3048/2019 ORDER

Court to the averments made at Para 3 of the application wherein the delay has been explained in detail.

5. Considering the submissions made by learned Advocate Ms. Nanavati and averments made in the application, the delay of 109 days in preferring the captioned First Appeal against the judgment and award dated 29.09.2018 passed by the learned M.A.C. Tribunal, Anjar-Kachchh in New M.A.C.P. No. 168 of 2015 is hereby condoned. This application is allowed. Rule is made absolute.

(NIKHIL S. KARIEL,J) BDSONGARA