New India Assurance Co Ltd vs Sharif Mohammed Hanif Mohammed ...
2021 Latest Caselaw 4858 Guj

               C/CA/1404/2020                          ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CIVIL APPLICATION NO. 1404 of 2020

              In F/FIRST APPEAL NO. 510 of 2020

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             NEW INDIA ASSURANCE CO LTD
                             Versus
     SHARIF MOHAMMED HANIF MOHAMMED MAKRANI
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Appearance:
MR SUNIL B PARIKH(582) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 30/03/2021

                                 ORAL ORDER

Heard learned Advocate Shri Sunil B. Parikh for the applicant - original appellant - Insurance Company. Though served, none appears for respondent Nos.1.

By way of present application, the applicant prays for condoning the delay of 348 days, which has occurred in challenging the judgment and award dated 25.10.2018 passed by learned Motor Accident Claims Tribunal, Panchmahals at Godhra, in MACP No.1373 of 2010.

Learned Advocate Shri Parikh for the applicant submits that delay has mainly occurred due to the fact that certified copy had been applied belatedly by the learned Advocate appearing for the Company before the learned Tribunal. He further draws attention of this Court to the averments made in para 5 of the present application, which shows that even after scrutinizing papers and called for certain documents from the Divisional

C/CA/1404/2020 ORDER

Office at Vadodara. Learned Advocate submits that the delay is therefore, not intentional and no undue advantage is derived on account of delay. Therefore, he requests that the delay may be condoned.

Considering the submissions made by learned Advocate Shri Parikh and considering the averments made in this application, this Court is of the considered opinion that the delay is sufficiently explained. Delay is required to be condoned, therefore, same is hereby condoned. The application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS