Gujarat High Court
Ghanshyambhai Laxmanbhai Chaudhry vs Mansukhbhai Dhanjibhai Devipujak on 22 July, 2025
NEUTRAL CITATION
C/CA/4994/2024 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 4994 of 2024
In
F/FIRST APPEAL NO. 27063 of 2024
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GHANSHYAMBHAI LAXMANBHAI CHAUDHRY
Versus
MANSUKHBHAI DHANJIBHAI DEVIPUJAK & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 7
NISHIT A BHALODI(9597) for the Respondent(s) No. 1,2,3,4,5
RULE SERVED for the Respondent(s) No. 8
RULE UNSERVED for the Respondent(s) No. 6
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 22/07/2025
ORAL ORDER
Heard Mr. Parth Trivedi, learned advocate for Mr. Hiren
Modi, learned advocate for the applicant - original opponent
no.1, Ms. Dimple Thaker, learned advocate has entered
appearance on behalf of the respondent no.7 - insurance
company, whereas Mr. Nishit Bhalodi, learned advocate has
entered his appearance on behalf of the respondent nos.1 to 5
- original claimants.
The rule issued by this Court upon respondent no.6 has
remained unserved, who is a driver of the alleged vehicle
involved in the accident. Rule has been duly served upon the
respondent no.8. However, no appearance has been entered.
NEUTRAL CITATION
C/CA/4994/2024 ORDER DATED: 22/07/2025
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Considering the limited prayer sought for in the present
application, the matter is taken-up for hearing in absence of
the respondent no.6.
The present application is filed under Section 5 of the
Limitation Act read with Section 173(1) of the Motor Vehicles
Act, 1988 seeking condonation of delay of 841 days caused in
preferring the appeal.
The learned advocate for the applicant has mainly relied
upon the averments made in the application and has
submitted that the applicant became aware about the
impugned judgment and award being passed against them
exonerating the insurance company. When the certified copy
of the order was available in the month of September, 2024,
according to them they have been falsely implicated in the
accident. The applicant after receiving the certified copy had
approached the advocate usually appearing in the matter
before the High Court and after seeking necessary advice, the
papers were handed over. He has therefore urged this Court
that because of the aforesaid circumstances being pointed-
out, the applicants were under bonafide impression that their
interest is secured in view of the insurance policy being
availed from the respondent - insurance company. It is
submitted that the applicants are facing execution
proceedings and the matters are notified for hearing on 21 st
August, 2025. He has therefore urged this Court to condone
the delay, as according to him they have good case on merits.
Considering the aforesaid submissions of the learned
NEUTRAL CITATION
C/CA/4994/2024 ORDER DATED: 22/07/2025
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advocate of the applicant and in absence of any contradictory
facts being pointed-out by the learned advocate for the
respective respondents, this Court is inclined to accept the
aforesaid explanation to be a sufficient cause which prevented
the applicant to not to approach in appeal within the
prescribed period of limitation. Noticing the fact that the
applicants intends to raise their case of false implication, this
Court is inclined to extend them opportunity to represent
their case on merits by condoning the delay caused in
preferring the appeal. Hence, present application is allowed.
The delay caused in preferring the appeal is hereby condoned.
Learned advocate for the applicant is directed to deposit
Rs.5,000/- as cost with the Gujarat State Legal Service
Authority.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
