National Insurance Co vs Minor Rupali Mansukhbhai Metariya
2025 Latest Caselaw 1090 Guj

Gujarat High Court

National Insurance Co vs Minor Rupali Mansukhbhai Metariya on 9 June, 2025

                                                                                                              NEUTRAL CITATION




                              C/CA/2797/2025                                  ORDER DATED: 09/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2797 of
                                                    2025

                                               In F/FIRST APPEAL NO. 8084 of 2025

                       ==========================================================
                                              NATIONAL INSURANCE CO.
                                                       Versus
                                      MINOR RUPALI MANSUKHBHAI METARIYA & ANR.
                       ==========================================================
                       Appearance:
                       MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
                       MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 09/06/2025

                                                           ORAL ORDER

1. Heard Mr. Dakshesh Mehta, learned advocate on record

for the applicant.

2. Issue Rule returnable forthwith.

3. Looking to the number of days involved, the present

application is taken up for final hearing in absence of the

respondents.

4. Learned advocate at the outset has invited my attention

to the averments made in the application and has submitted

that the impugned judgment and award was pronounced on

07.10.2024. The advocate appearing before the Tribunal had

NEUTRAL CITATION

C/CA/2797/2025 ORDER DATED: 09/06/2025

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thereafter applied for certified copy on 10.10.2024 and the

certified copy of the impugned judgment and award was

made available on 04.12.2024. It is further pointed out that

though the amount of Rs.25,000/- was deposited, the receipt

was issued lately. In the process, delay of 6 days had crept

in, in preferring the captioned appeal.

5. Learned advocate had further submitted that the

applicant has good case on merits and he has therefore urged

this Court to take liberal view and to condone the delay and

to decide the main appeal on merits.

6. Considering the aforesaid submissions of the learned

advocate for the applicant and looking to the averments made

in the application, the present application seeking condonation

of delay of 6 days in preferring the captioned appeal deserves consideration. The delay of 6 days caused in preferring the

captioned appeal is hereby condoned. Rule is made absolute.

7. Looking to the nature of main proceedings, Registry is

directed to notify the First Appeal for admission/hearing on

11.06.2025.

(NISHA M. THAKORE,J) MAYA