Gujarat High Court
The Oriental General Insurance Co. Ltd vs Rutvikumar Jayantilal Dabgar on 1 July, 2025
NEUTRAL CITATION
C/CA/1488/2025 ORDER DATED: 01/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
1488 of 2025
In F/FIRST APPEAL NO. 6618 of 2025
=============================================
THE ORIENTAL GENERAL INSURANCE CO. LTD.
Versus
RUTVIKUMAR JAYANTILAL DABGAR & ANR.
=============================================
Appearance:
MR PALAK H THAKKAR(3455) for the Applicant(s) No. 1
NISHIT A BHALODI(9597) for the Respondent(s) No. 1,2
=============================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 01/07/2025
ORAL ORDER
1. Heard Mr. Palak Thakkar, learned advocate for the
applicant- Insurance Company and Mr. Nishit Bhalodi, learned
advocate for the respondent nos. 1 and 2.
2. Present application is filed under Section 5 of the
Limitation Act read with Section 173(1) of the Motor Vehicles
Act seeking condonation of delay of 102 days caused in
preferring the First Appeal.
3. Learned advocate has mainly relied upon the averments
made in the application and has submitted that the impugned
judgment and award was pronounced on 14.08.2024, however
the award was drawn on 16.08.2024 and certified copy of the
same was applied on 31.08.2024, which was delivered to the
advocate on 31.08.2024. The decision was taken by the higher
officer to pursue the matter in appeal whereby the relevant
case papers were called for. The claim proforma was also
forwarded on 16.10.2024 to the Regional Office at Vadodara.
NEUTRAL CITATION
C/CA/1488/2025 ORDER DATED: 01/07/2025
undefined
Later on the note was prepared by the said office to prefer
appeal on 24.10.2024. The case papers were finally received
by the Ahmedabad Regional Office on 28.10.2024 and the
decision was taken to allot the matter to the penal advocate
who generally appears and representing the Insurance
Company in the High Court on 29.11.2024. By referring to the
aforesaid decision, learned advocate has submitted that all
throughout the Insurance Company was pursuing the matter
to prefer an appeal, however because of the unavoidable
circumstances, the delay 102 days has crept in. He has also
pointed out that latter on the advocate representing the
Insurance Company was not well and therefore, further delay
has attributed. By making aforesaid submissions, learned
advocate has further submitted that there is no inaction or
gross negligence on the part of the applicant and Court may
take liberal approach as dismissing the appeal on the
technical ground of delay would take away remedy of appeal
to present their case on merits .
4. Learned advocate for the respondent has vehemently
objected to the aforesaid submissions as according to him no
sufficient cause has been made out to consider their case for
condonation of delay.
5. Considering the aforesaid submissions of the learned
advocates for the respective parties and in light of the
averments made in the application noticing the standard
operating procedure to be followed by the Insurance Company
in pursuing the matter in appeal where the collective
decisions of the authority are involved, this Court is inclined
NEUTRAL CITATION
C/CA/1488/2025 ORDER DATED: 01/07/2025
undefined
to accept the same as genuine and unavoidable process within
the organization. Hence, in absence of any contradictions
being pointed out by respondents, the aforesaid submissions
are found to be sufficient cause which prevented them to
approach in appeal within stipulated period of limitation.
Hence, delay of 102 days caused in preferring the First
Appeal is hereby condoned. Present application stands
allowed.
(NISHA M. THAKORE,J)
RATHOD KAUSHIKSINH
