Iffco Tokio General Insurance Co ... vs Merubhai Ramjibhai Songra
2023 Latest Caselaw 8159 Guj

                                                                                     NEUTRAL CITATION




       C/CA/4634/2019                                ORDER DATED: 08/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4634 of
                                2019

                        In R/FIRST APPEAL NO. 4815 of 2023

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                    IFFCO TOKIO GENERAL INSURANCE CO LTD
                                   Versus
                         MERUBHAI RAMJIBHAI SONGRA
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 1,3
RULE UNSERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                Date : 08/11/2023

                                  ORAL ORDER

Heard learned advocate Mr. Dharam Raval appearing for Mr.

Rathin Raval, learned advocate on record for the appellant-Insurance

Company and learned advocate Ms. Masumi Nanavati appearing for

the respondent No.4-Insurance Company.

2. Rule issued by this Court, has been duly served upon respondent

Nos.1 and 3 and rule has remained unserved qua respondent No.2,

who appears to be the owner of the vehicle.

3. Considering the relief as prayed in the present application, the

presence of unserved respondent No.2 is dispensed with, at this stage.

NEUTRAL CITATION

C/CA/4634/2019 ORDER DATED: 08/11/2023

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4. Learned advocate for the applicant has invited attention of this

Court to the averments made in the application and has submitted

that by captioned appeal, the Insurance Company intends to challenge

the judgment and award dated 19.07.2019 passed by the Motor

Accident Claims Tribunal, Rajkot in claim petition, whereby the claim

raised by the applicant was considered on higher side. It is submitted

by learned advocate that certified copy of the judgment and award

was applied for immediately after the pronouncement of the

judgment. However, time was consumed in forwarding entire case

papers to the learned advocate to move for appeal. He therefore,

urged this court to condone the delay.

5. Learned advocate appearing for the respondent No.4 has no

objection with regard to condonation of delay.

6. Though respondent Nos.1 and 3 have been duly served, they

have chosen not to appear before this Court or to contest the present

application.

7. Considering the submissions made by learned advocates

appearing for the respective parties and the averments made in the

application as well as noticing the minimal number of days of delay

involved, this Court is inclined to exercise its discretion. The delay of

NEUTRAL CITATION

C/CA/4634/2019 ORDER DATED: 08/11/2023

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25 days caused in filing the appeal is hereby condoned. Rule is made

absolute.

8. Let the First Appeal be notified for admission hearing on

10.11.2023.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA