Jyotiben @ Jyotsanaben Wd/O Ajaykumar ... vs Shilpanbhai Thakorbhai Patel
2025 Latest Caselaw 1548 Guj

Gujarat High Court

Jyotiben @ Jyotsanaben Wd/O Ajaykumar ... vs Shilpanbhai Thakorbhai Patel on 31 July, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                    NEUTRAL CITATION




                               C/CA/3989/2025                                       ORDER DATED: 31/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3989 of
                                                     2025
                                                      In
                                        R/CROSS OBJECTION NO. 141 of 2025

                       ================================================================
                            JYOTIBEN @ JYOTSANABEN WD/O AJAYKUMAR NANDLAL JOSHI &
                                                     ORS.
                                                     Versus
                                      SHILPANBHAI THAKORBHAI PATEL & ANR.
                       ================================================================
                       Appearance:
                       MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2,3
                       MR RITURAJ M MEENA(3224) for the Respondent(s) No. 2
                       ================================================================

                          CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                and
                                HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                            Date : 31/07/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. RULE. Learned Advocate Mr.Rituraj Meena waives

service of Rule on behalf of respondent No.2.

2. This application is filed by the applicant under Section

5 of the Limitation Act for condoning the delay of 188 days in

preferring Cross-Objections in First Appeal No.3941 of 2024, which

is filed by the appellant-Insurance Company-respondent No.2

herein against judgment and award dated 11.06.2024 passed by

the Motor Accident Claims Tribunal, (Auxi.), Palanpur,

Banaskantha in MACP No.242 of 2016.

NEUTRAL CITATION

C/CA/3989/2025 ORDER DATED: 31/07/2025

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3. Learned Advocate for the applicants-original claimants

drew attention of this Court to the contents of para-3 to 5 of the

application and submitted that there is no intentional delay on the

part of the applicants-original claimants in filing the present Cross-

Objections.

4. Learned advocate for the respondent formally opposes

the grant of application.

5. Considering the aforesaid, particularly, period of 188

days of delay, the Court is of the view that considering the facts

involved in the case, delay cannot be treated as inordinate.

Moreover, main First Appeal No.3941 of 2024 filed by the

Insurance Company is already admitted by order dated 22.11.2024.

6. Considering the submissions and the contents of the

application mentioned hereinabove, the delay is also explained

sufficiently.

7. A reference in this regard may be made to the

judgment of the Supreme Court in case of Sheo Raj Singh

(Deceased) through Legal Representatives and others vs/. Union of

India and Another, reported in, (2023) 10 SCC 531, wherein the

term "Sufficient Cause" was interpreted and the approach of

Courts while deciding application for condonation of delay was

NEUTRAL CITATION

C/CA/3989/2025 ORDER DATED: 31/07/2025

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discussed.

8. In view of the aforesaid, the application is allowed. The

delay of 188 is hereby condoned. Rule is made absolute.

(A.Y. KOGJE, J)

(NSSG,J) SHITOLE