Gujarat High Court
Magma Hdi General Insurance Co Ltd vs Sumitrabai Motiramji Shande on 9 June, 2025
NEUTRAL CITATION
C/CA/2755/2025 ORDER DATED: 09/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2755 of
2025
In F/FIRST APPEAL NO. 13188 of 2025
==========================================================
MAGMA HDI GENERAL INSURANCE CO LTD.
Versus
SUMITRABAI MOTIRAMJI SHANDE & ORS.
==========================================================
Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Ms. Tanvi Chavda, learned advocate appearing on
behalf of Ms. Kirti S. Pathak, learned advocate on record for
the applicant.
2. Issue Rule returnable forthwith.
3. Looking to the minimal number of days of delay
involved in preferring the captioned appeal, the present
application is taken up for hearing in absence of the
respondents.
4. Learned advocate for the applicant at the outset has
NEUTRAL CITATION
C/CA/2755/2025 ORDER DATED: 09/06/2025
undefined
invited my attention to the averments made in the
application and has submitted that after the impugned
judgment and award was pronounced on 14.11.2024, the
advocate on record for the appellant - insurance company has
applied for certified copy of the said judgment on 14.11.2024
itself which was ready and delivered on 17.11.2024. She has
further submitted that upon verifying the contents of the
award, the concerned legal officer having meticulously
scrutinized, sanction for preferring appeal. The penal advocate
of the appellant insurance company was engaged in the last
week of March 2025 whereby after receiving necessary
instructions, the advocate had prepared appeal memo in the
1 week of April 2025 which was forwarded to the competent
st
authority for approval. She has submitted that in the process,
the delay of 32 days had crept in in preferring the captioned
appeal. By making the aforesaid submission, learned advocate
has submitted that there was no malafide intention or
dilatory tactics on part of the appellant - insurance company
in not preferring the appeal within the stipulated period of
limitation. All through out in fact the applicant - insurance
company was pursuing the matter for appeal. She has
therefore urged this court to take liberal view and to condone
the delay.
5. Considering the aforesaid submissions of the learned
NEUTRAL CITATION
C/CA/2755/2025 ORDER DATED: 09/06/2025
undefined
advocate for the applicant in the opinion of this Court the
explanation offered by the applicant demonstrates that all
throughout the insurance company was in process for
pursuing the matter for preferring an appeal.
6. Looking to the nature of proceedings involved taking
liberal approach in the matter more particularly, in absence
of any gross negligence or inaction on the part of the
insurance company, the delay of 32 days caused in preferring
the captioned appeal deserves consideration. Hence, delay
caused in preferring the captioned appeal is hereby condoned.
Rule is made absolute. Civil Application stands allowed
accordingly.
(NISHA M. THAKORE,J)
MAYA
