Gujarat High Court
Nangaji Bheraji Vanzara vs Sumitraben Kanjibhai Padhiyar Lh Of ... on 24 July, 2025
NEUTRAL CITATION
C/CA/3326/2024 ORDER DATED: 24/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
3326 of 2024
In F/FIRST APPEAL NO. 16490 of 2024
=============================================
NANGAJI BHERAJI VANZARA
Versus
SUMITRABEN KANJIBHAI PADHIYAR LH OF DECD.
JAGDISHBHAI KANJIBHAI PADHIYAR & ORS.
=============================================
Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2
UNSERVED EXPIRED (R) for the Respondent(s) No. 3
=============================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 24/07/2025
ORAL ORDER
1. Heard Mr. Hiren Modi, learned advocate for the
applicant- owner of the insured vehicle involved in the
accident. Rule issued by this Court has been duly served upon
the respondent no.1 and 2- the claimant and Insurance
Company of the insured vehicle. Rule has remained unserved
qua respondent no.3 who is driver of the vehicle involved.
Noticing the limited prayer sought for in the present
application in absence of any appearance being entered on
behalf of the respondent no.3, the present application is
proceeded ex-parte.
2. Learned advocate for the applicant at the outset has
invited my attention to the averments made in the application
and has submitted that though impugned judgment and award
was pronounced on 24.5.2019, the applicant could approach
this Court in the month of May 2024. It was submitted that
the original proceedings were conducted ex-parte since the
NEUTRAL CITATION
C/CA/3326/2024 ORDER DATED: 24/07/2025
undefined
applicants have not entered their appearance by engaging
lawyer as they were was under bonafide impression that their
interest has been efficiently represented by the Insurance
Company having availed the Insurance Policy. He has further
submitted that the applicant became aware about impugned
judgment and award fixing their liability towards payment of
compensation when the Insurance Company had approached
in execution and the notices were issued upon the present
applicant. Referring to the averments made in the application,
learned advocate has submitted that the applicant had
immediately thereafter applied for certified copy on
16.5.2024, which was received by them on the same date. He
has therefore, submitted that there was no inaction or gross
negligency on the part of the applicant in not approaching in
appeal within stipulated period of limitation. It was further
submitted that the applicant is facing financial crises as well
as execution proceedings and he therefore, urged this Court
to take liberal view and extend the opportunity to present his
case on merits in appeal. The grievance was also placed on
the further affidavit filed on 29.08.2024 to point out that all
throughout the applicant was not aware about the
pronouncement of impugned judgment and award and the
financial hardships faced by the applicant because of the
Covid Pandemic. Learned advocate has further invited my
attention to the order dated 12.05.2025 passed by the
Tribunal permitting withdrawal of the execution proceedings
at the instance of the respondent Insurance Company noticing
the fact that the challenge is made before this Court in
appeal.
NEUTRAL CITATION
C/CA/3326/2024 ORDER DATED: 24/07/2025
undefined
3. Considering the aforesaid submissions of the learned
advocate for the applicant and in absence of opposition from
the contesting party being respondent nos. 1 and 2, this Court
is of the view that the aforesaid averments made on oath has
remained uncontroverted and unchallenged. Considering the
fact that the original proceedings conducted ex-parte and it is
only when the notice was issued in execution proceedings,
which led the applicant to derive the knowledge about passing
of the impugned judgment and award, this Court is inclined to
accept the aforesaid submissions to be a sufficient cause
which prevented applicant from pursuing the matter in
appeal. Hence, the delay of 1012 days caused in preferring
the appeal is hereby condoned. The present Civil Application
stands allowed.
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
