Future General Insurance Co. Ltd vs Anukavar Karansinh Soda
2025 Latest Caselaw 1814 Guj

Gujarat High Court

Future General Insurance Co. Ltd vs Anukavar Karansinh Soda on 4 August, 2025

                                                                                                            NEUTRAL CITATION




                              C/CA/587/2024                                 ORDER DATED: 04/08/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 587 of
                                                      2024

                                               In F/FIRST APPEAL NO. 1090 of 2024

                      ==========================================================
                                              FUTURE GENERAL INSURANCE CO. LTD.
                                                           Versus
                                               ANUKAVAR KARANSINH SODA & ORS.
                      ==========================================================
                      Appearance:
                      MR GC MAZMUDAR(1193) for the Applicant(s) No. 1
                      MR HG MAZMUDAR(1194) for the Applicant(s) No. 1
                      MR JF MEHTA(461) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 4
                      NOTICE SERVED BY DS for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI

                                                        Date : 04/08/2025

                                                         ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act,1963 for condonation of delay of 57 days caused in preferring the First Appeal.

2. Learned advocate for the applicant has submitted that the judgment was pronounced on 13.09.2023 and copy of judgment and award received on 10.10.2023 and send it to the office. The cause for delay is attributed to the time consumed in decision making process. It is further submitted that the delay is not intentional and there was no lethargy on the part of the applicant.

NEUTRAL CITATION

C/CA/587/2024 ORDER DATED: 04/08/2025

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3. Having considered the submissions and having considered the averments made in the application, time consumed in decision making process. This court has taken into consideration the view taken by the Hon'ble Supreme Court in catena of decisions that while deciding an application for condonation of delay, liberal and justice orientated approach needs to be adopted so that the substantive rights of the parties are not defeated only on the ground of delay. To meet with the equity, delay needs to be condoned. The cause for delay has sufficiently been made out. Hence, the delay is condoned.

4. The application is allowed and stands disposed of.

(D. M. DESAI,J) MANOJ