Babubhai Bhagvanbhai Sankhat vs Pramod Kumar Mahadeva Prasad
2025 Latest Caselaw 2511 Guj

Gujarat High Court

Babubhai Bhagvanbhai Sankhat vs Pramod Kumar Mahadeva Prasad on 12 August, 2025

                                                                                                         NEUTRAL CITATION




                             C/CA/1349/2025                               ORDER DATED: 12/08/2025

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                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                       NO. 1349 of 2025
                                             In
                              F/CROSS OBJECTION NO. 1245 of 2022

                      ======================================
                           BABUBHAI BHAGVANBHAI SANKHAT & ORS.
                                          Versus
                          PRAMOD KUMAR MAHADEVA PRASAD & ORS.
                      ======================================
                      Appearance:
                      MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4,5,6,7
                      DESHAL A MODI(12518) for the Respondent(s) No. 2
                      MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
                      RULE UNSERVED for the Respondent(s) No. 1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 12/08/2025

                                                       ORAL ORDER

Heard learned advocate for the applicants. Learned

advocate for the respective respondent nos.2 and 3 are not

present. Rule issued by this Court remained unserved qua the

respondent no.1 being driver of the vehicle involved in the

accident.

Considering the limited prayer sought for and main

appeal preferred by the respondent no.3 - insurance company

has been admitted, present application is taken-up for hearing

in absence of the respondents.

NEUTRAL CITATION

C/CA/1349/2025 ORDER DATED: 12/08/2025

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Learned advocate for the applicants mainly relied upon

the averments made in the application and has submitted that

the applicants were unable to approach this Court within

stipulated period of limitation because of the pandemic. At

the same time, the applicants have to manage funds to prefer

the cross-objection. Learned advocate has therefore urged

this Court to take liberal approach and condone the delay.

Considering the aforesaid submission of the learned

advocate for the applicants and the same being deposed on

oath, in absence of any contradiction being pointed-out by the

respondents, this Court is inclined to accept the aforesaid

explanation as sufficient cause for present applicants to

unable to approach this Court within the stipulated period of

limitation. Further, noticing the fact that main appeal

assailing the same impugned judgment and award filed by the

respondent no.3 - insurance company is admitted and the

same is pending consideration, this Court is inclined to

exercise discretion in favour of the present applicants.

Hence, present application stands allowed. The delay caused

in preferring the cross-objection is hereby condoned.

(NISHA M. THAKORE, J.) AMAR RATHOD...