Gujarat High Court
Reliance General Insurance Company Ltd vs Babubhai Tribhuvanbhai Rathod on 9 June, 2025
NEUTRAL CITATION
C/CA/2695/2025 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. 2695 of
2025
In F/FIRST APPEAL NO. 13633 of 2025
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RELIANCE GENERAL INSURANCE COMPANY LTD
Versus
BABUBHAI TRIBHUVANBHAI RATHOD & 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
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Ms. Masumi V. Nanavaty, learned advocate on
record for the applicant - insurance company.
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 the absence of the
respondents. Learned advocate for the applicant at the outset
had invited my attention to the averments made in the
application. She has submitted that the impugned judgment
was pronounced on 25.10.2024 however the advocate on
NEUTRAL CITATION
C/CA/2695/2025 ORDER DATED: 09/06/2025
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record was not aware about the pronouncement of the
judgment. Being known with the fact of the judgment being
pronounced, the certified copy of the same was immediately
applied on 08.11.2024. The certified copy was thereafter
provided on 27.12.2024. Learned advocate had further pointed
out that the certified copy of the judgment was forwarded to
the learned advocate on record for the applicant in the
present appeal on 02.01.2025 through courier which was
received on 07.01.2025. She has further submitted that after
going through the judgment and the opinion expressed by the
advocate on record before the Tribunal, the appropriate
decision was taken to engage the present advocate on record
to pursue the proceedings of appeal. Further time was
consumed in seeking instructions with regard to the court
fees on receipt of the papers on 24.02.2025. The appellant -
insurance company was informed about the requisite court
fees to be affixed on the memo of appeal. Upon approval of
the draft of memo of first appeal, the present appeal was
preferred. However in the process, the delay of 53 days has
crept in. By making the aforesaid submission, learned
advocate had submitted that all throughout the insurance
company was pursuing the matter to approach in appeal
however because of the process involved the time was
consumed. She has therefore urged to take liberal view and
to condone the delay.
NEUTRAL CITATION
C/CA/2695/2025 ORDER DATED: 09/06/2025
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4. Considering the aforesaid explanation offered by the
learned advocate for the applicant, in the opinion of this
court sufficient cause is made out to condone the delay.
Hence the delay of 53 days caused in preferring the
captioned appeal is hereby condoned. Rule is made absolute.
Application stands disposed of accordingly.
(NISHA M. THAKORE,J)
MAYA
