Shri Ram General Insurance ... vs Sangitaben Sunilbhai Yadav Wife ...
2023 Latest Caselaw 3467 Guj

       C/CA/2975/2019                                 ORDER DATED: 27/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 2975 of 2019

                        In F/FIRST APPEAL NO. 29331 of 2019

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               SHRI RAM GENERAL INSURANCE COMPANY LTD
                                Versus
               SANGITABEN SUNILBHAI YADAV WIFE OF DECD
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Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
MR.HIREN M MODI(3732) for the Respondent(s) No. 1,2,3,4,5,6
RULE NOT RECD BACK for the Respondent(s) No. 7
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 27/04/2023
                                   ORAL ORDER

1. Heard learned Advocate Ms. Kirti S. Pathak on behalf of the applicant-original appellant and learned Advocate Mr. Hiren Modi on behalf of the respondent Nos. 1 to 6.

2. At the outset, learned Advocate Ms. Pathak would submit that the applicant-original appellant has served respondent No.7 by way of affixation, more particularly the same being permitted vide an order dated 12.01.2023 and whereas learned Advocate would submit that appropriate affidavit would be filed by the applicant in due course and whereas the delay which is occurred in filing the first appeal may be condoned. Such submissions is supported by learned Advocate Mr. Modi on behalf of respondents No. 1 to 6- original claimants by submitting that on account of delay not being condoned, more particularly since the respondent No.7 could not be served, therefore, no orders could be passed in the first appeal which is filed in the year 2019 and whereas the same prejudices the respondents No. 1 to 6-original claimants.

C/CA/2975/2019 ORDER DATED: 27/04/2023

3. Considering the submissions made by learned Advocates for the parties, more particularly the submissions of learned Advocate Ms. Pathak on the aspect of delay and also considering the everments on record, since it appears that sufficient cause is made out, the delay of 101 days which is caused in preferring first appeal challenging judgment and award dated 05.04.2019 passed by the learned Commissioner under the Workmen Compensation Act, Navsari, in WC No. 01 of 2015, is hereby condoned. The present application is disposed of as allowed.

4. Registry to list the first appeal on 04.05.2023.

(NIKHIL S. KARIEL,J) BDSONGARA