Gujarat High Court
Speed Carriers Bombay Private Limited vs Rabiyabanu Munna on 14 July, 2025
NEUTRAL CITATION
C/CA/3063/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3063 of
2025
In F/FIRST APPEAL NO. 17398 of 2025
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SPEED CARRIERS BOMBAY PRIVATE LIMITED
Versus
RABIYABANU MUNNA & ORS.
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Appearance:
SHYAMAL K BHIMANI(8233) for the Applicant(s) No. 1
MR. ALKESH N SHAH(3749) for the Respondent(s) No. 5
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 14/07/2025
ORAL ORDER
1. Heard Mr. Shyamal K. Bhimani, learned advocate on record for
the applicant-original opponent no.2 in the claim petition. Learned
advocate Mr. Alkesh N. Shah has appeared for respondent no.5-
Insurance Company. In view of order dated 09.06.2025, the notice
issued upon respondent no.5- Insurance Company is reported to have
been duly served. Learned advocate Mr. Alkesh N. Shah has entered
appearance on behalf of respondent no.5, and has placed on record
the affidavit-in-reply. The same is permitted to be taken upon record.
2. The present application is filed under Section 5 of the Limitation
Act read with Section 173(1) of the Motor Vehicles Act, 1988, praying
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C/CA/3063/2025 ORDER DATED: 14/07/2025
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for condonation of delay of 1821 days caused in preferring the appeal.
3. Learned advocate for the applicant, at the outset, has submitted
that though the impugned judgment and award was pronounced on
27.02.2020, the applicant became aware about the aforesaid
judgment and award, precisely the directions of pay and recovery
being issued against him, only when the summons were issued in the
execution proceedings initiated by the present respondent no.5-
Insurance Company. By referring to the averments made in the
application, learned advocate has pointed out that the summons were
served upon the applicant on 20.03.2025. He has further pointed out
that immediately the applicant had applied for certified copy of the
impugned judgment and award and after seeking legal advise, the
decision was taken to challenge the aforesaid impugned judgment and
award in the appeal before this Court. The attention of this Court was
also invited to the grounds raised in the appeal to submit that the
Tribunal has principally committed error in ignoring the settled legal
position as regards the issue of fake license/no driving license viz-a-viz
pay and recovery order are concerned. He has, therefore, urged this
Court to allow the present application, and to hear the appeal of the
applicant on merits.
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4. Learned advocate Mr. Alkesh N. Shah appearing for the
respondent no.5-Insurance Company has forcefully objected to the
aforesaid submissions, and has submitted that the applicant company
was aware about the proceedings initiated by the original claimant,
inasmuch as, the summons issued by the Tribunal in the original claim
petition has been duly served. However, he has chosen not to appear
and object to the claim petition. In view of the aforesaid record, the
Tribunal has rightly proceeded to decide the claim petition in their
absence. Having taken the risk of not objecting to the claim petition
and Insurance Company having defended the claim petition by raising
legal grounds available as per the provisions of the Act, the present
application seeking condonation of delay is required to be not
entertained, and has urged this Court to dismiss the same. The heavy
reliance was placed on the averments made in the affidavit-in-reply.
5. Having heard the learned advocates for the respective parties
and having perused the averments made in the application, and the
defence raised in the reply, at the instance of the contesting
respondent no.5, it is noticed that though the impugned judgment
and award was pronounced on 27.02.2020 and the applicant became
aware about the impugned judgment and award being pronounced
with further directions of pay and recovery against the applicant only
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upon issue of the summons in the execution proceedings. The
aforesaid fact has remained uncontroverted, even upon appreciation
of the defence raised in the reply submitted by the respondent-
Insurance Company. It is an admitted that the applicant was served
with the summons in the original claim petition. However, the
applicant has chosen not to contest the same by bona fidely relying
upon the contract of indemnification being entered with respondent-
Insuarnce Company. It is not the case of the respondent-Insurance
Company that there did not exist any contract.
6. Considering the over all circumstances pointed out on record
and noticing the fact that the applicant had approached this Court
immediately, thereafter, having derived the knowledge of passing of
the impugned judgment and award, this Court is inclined to condone
the delay caused in preferring the appeal. However, noticing the fact
that the Tribunal has invested almost period of 7 years in deciding the
claim petition, the delay of 1821 days caused in preferring the appeal,
is hereby condoned, on condition of deposit of costs of Rs.50,000/- by
the present applicant. Let the aforesaid amount of costs be deposited
within a period of two weeks from today with the concerned Legal
Services Authority of concerned Tribunal. Subject to furnish the
receipt of the cost amount being deposited, the Registry shall register
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the First Appeal.
7. With these observations, present Civil Application is allowed,
and stands disposed of.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
