New India Assurance Company Ltd vs Vahitkhan Sahebkhan Malek
2021 Latest Caselaw 16632 Guj

        C/CA/708/2021                                ORDER DATED: 22/10/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 708 of 2021
                                   In
                     F/FIRST APPEAL NO. 6546 of 2021
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                        NEW INDIA ASSURANCE COMPANY LTD
                                      Versus
                          VAHITKHAN SAHEBKHAN MALEK
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Appearance:
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
for the Respondent(s) No. 3
ASFAQMOHMAD N MALIK(8367) for the Respondent(s) No. 1
MR KK THAKKAR(2834) for the Respondent(s) No. 3.1,4,5,6
RULE SERVED(64) for the Respondent(s) No. 3.2
RULE UNSERVED(68) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                 Date : 22/10/2021
                                  ORAL ORDER

Heard learned advocate for the applicant insurance company and respondent No.1, 3.1, 4, 5 and 6, respondent No.3.2 though served has not entered appearance. Presence of respondent No.2 who happens to be the owner of the offending vehicle is not necessary considering the length of delay which is of 32 days.

The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail impugned judgment and award of the Tribunal.

Considering the averments made in this application, the delay is condoned. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J)

Manoj