Bharatbhai Maganbhai Patel vs Sun Travelers
2021 Latest Caselaw 3665 Guj

          C/CA/948/2020                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 948 of 2020

                    In F/FIRST APPEAL NO. 5993 of 2020

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                      BHARATBHAI MAGANBHAI PATEL
                                 Versus
                            SUN TRAVELERS
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Appearance:
CHETANKUMAR K SHAH(7364) for the Applicant(s) No. 1
MR YOGI K GADHIA(5913) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 02/03/2021
                             ORAL ORDER

1. Heard learned Advocate Mr. Chetankumar Shah for the applicant and learned Advocate Mr. Yogi Gadhia for the opponent No.2.

2. Though served nobody appears for the opponent No.1.

3. By way of this application the applicant has prayed for condoning the delay of 461 days in filing the captioned First Appeal against the judgment and award dated 09.08.2018 passed by the learned M.A.C. Tribunal (Main), Gandhinagar in M.A.C.P. No. 82 of 2012.

4. It is submitted by the learned Advocate for the applicant that the original award had been passed by the learned Tribunal on 09.08.2018 and whereas the opponent No.1 had filed a Review Petition bearing number 03 of 2019 before the learned Tribunal on 18.03.2019 and whereas the same had been decided on 31.07.2019, whereafter learned Advocate for the applicant had preferred an application for getting the certified copy of the judgment of the Review Petition and whereafter the original award had been

C/CA/948/2020 ORDER

challenged. It is submitted by the learned Advocate Mr. Shah for the applicant that as per the order passed in the review petition, the New India Insurance Company Ltd. was to be incorporate as opponent in the M.A.C. Petition and whereas the same had been granted by the learned Tribunal and whereas the original award dated 09.08.2018 also reflects the fact of the New India Insurance Company Ltd. being joined as a opponent by way of the order passed by the learned Tribunal on 31.07.2019. Learned Advocate Mr. Shah has submitted that considering the reasons as stated by him, the delay of 461 in filing the captioned First Appeal may be condoned.

5. As against the same, learned Advocate Mr.Yogi Gadhia for the opponent No.2 has vehemently opposed this application by submitting that the reasons as mentioned by the learned Advocate Mr. Shah is not at all justified and whereas the delay, since it is considerable and dose not deserve to be condoned by this Court.

6. Heard learned Advocates for the Parties. Considering the reasons mentioned by learned Advocate Mr. Shah that after passing of the award, the owner of the vehicle had taken out the Review Petition and whereas after the Review Petition had been allowed by the concerned Tribunal the applicant had challenged the award in question, this Court is of the opinion that the delay of 461days in filing the captioned First Appeal is reasonably and sufficiently explained and therefore the same is condoned. This application is allowed. Rule is made absolute.

(NIKHIL S. KARIEL,J) BDSONGARA