Gujarat High Court
Oriental Insurance Co. Ltd vs Akhilesh Joginder Ray on 7 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2513/2025 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2513 of
2025
In F/FIRST APPEAL NO. 12749 of 2025
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ORIENTAL INSURANCE CO. LTD.
Versus
AKHILESH JOGINDER RAY & ORS.
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Appearance:
MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
MR SUNIL B PARIKH(582) for the Respondent(s) No. 5
NISHIT A BHALODI(9597) for the Respondent(s) No. 6,7,8,9
RULE SERVED for the Respondent(s) No. 2,3
UNSERVED EXPIRED (R) for the Respondent(s) No. 1,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 07/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant under Section 5
of the Limitation Act for condoning the delay of 54 days in
preferring the appeal against the judgment and order
dated 16.10.2024 passed by the learned Motor Accident
Clams Tribunal (Main), Bharuch in MAC petition No.303 of
2021.
2. It is reported that the rule is served however, none
has appeared on behalf of the respondent.
3. Learned advocate has drawn attention of this Court
to the contents of para-3 to 5 of the application, wherein it
NEUTRAL CITATION
C/CA/2513/2025 ORDER DATED: 07/07/2025
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stated that the advocate has applied copy on 22.10.2024
which was prepared and ready for delivery on 27.11.2024
and the advocate collected the same on 04.12.2024. The
last date to prefer the appeal was 17.02.2025 and hence,
there is some delay in filing the appeal. It is submitted
that the attending advocate forwarded a copy on
14.12.2024 to Divisional Office of the applicant at Surat,
which were received on 09.01.2025 at Ahmedabad and
hence it took some time.
4. Therefore, learned advocate has drawn attention of
this Court to the reasons for which delay has occurred.
5. Considering the aforesaid, particularly, period of 54
days of delay, the Court is of the view that considering the
facts involved in the case, delay cannot be treated as
inordinate.
6. Considering the submissions and the contents of the
para 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
discussed.
NEUTRAL CITATION
C/CA/2513/2025 ORDER DATED: 07/07/2025
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8. In view of the aforesaid, the application is allowed.
The delay of 54 days caused in preferring the appeal
against the judgment and order dated 16.10.2024 passed
by the learned Motor Accident Clams Tribunal (Main),
Bharuch in MAC petition No.303 of 2021. Rule is made
absolute to the aforesaid extent. Registry is directed to list
the main appeal in due course.
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
