Gujarat High Court
Shriram General Insurance Co. Ltd vs Anjali Khoabhai Rajput on 17 June, 2025
NEUTRAL CITATION
C/CA/5938/2024 ORDER DATED: 17/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5938 of
2024
In F/FIRST APPEAL NO. 34517 of 2024
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SHRIRAM GENERAL INSURANCE CO. LTD.
Versus
ANJALI KHOABHAI RAJPUT & ORS.
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 17/06/2025
ORAL ORDER
1. Heard learned advocate for the applicant -
insurance company.
2. Rule issued by this court upon the respondents is
reported to have been duly served however no
appearance has been entered on their behalf. Noticing
the limited period sought for, the application is taken up
for hearing in their absence.
3. The present application is filed under section 5 of
the Limitation Act read with section 173(1) of the Motor
NEUTRAL CITATION
C/CA/5938/2024 ORDER DATED: 17/06/2025
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Vehicles Act, 1988 seeking condonation of delay of 151
days caused in preferring the appeal.
4. Learned advocate for the applicant - insurance
company has referred to the averments made in the
application and submitted that the impugned judgment
and order was pronounced on 08.04.2024, the certified
copy of the same was applied for on 19.04.2024 which
was received on 16.05.2024. It is further submitted that
the certified copy along with relevant papers was
forwarded to the advocate to seek legal opinion. After
obtaining the legal opinion from the penal advocate, the
decision was taken to approach in appeal. Upon receipt
of the legal opinion and the relevant case papers which
were forwarded on 06.09.2024 to the advocate on record
to prefer an appeal, the advocate had immediately
drafted the appeal memo and had provided for
affirmation on 17.09.2024. The affirmed copy was
received by the advocate on 04.10.2024. By referring to
the aforesaid dates, learned advocate has further pointed
out that the statutory deposit of the amount of
Rs.25,000/- was deposited on 12.11.2024. Having received
the aforesaid instructions, the first appeal was finally
NEUTRAL CITATION
C/CA/5938/2024 ORDER DATED: 17/06/2025
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presented before the Registry of this Court on
05.12.2024.
5. By referring to the aforesaid circumstances, learned
advocate has submitted that all throughout the applicant
- insurance company was pursuing the matter to
approach in appeal and there was no gross inaction or
willful intention to delay the proceedings. She has
therefore urged this court to take liberal view and to
condone the delay. Reliance was placed on the order
dated 17.03.2025 passed by the coordinate bench in the
cognate matter.
6. Considering the aforesaid submissions of learned
advocate for the applicant - insurance company, in light
of the averments made in the application, it transpires
from the record that the certified copy placed on record
reflects the date of 29.11.2024, however as pointed out
by the learned advocate for the applicant, in the cognate
matters, the appeal being preferred the averments made
in the application with regard to the release of the
certified copy prior in point of time requires
consideration.
NEUTRAL CITATION
C/CA/5938/2024 ORDER DATED: 17/06/2025
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7. Noticing the explanation offered, this court is of the
view that sufficient cause is made out to consider the
present application for condonation of delay. Hence
present application is allowed. Delay of 151 days caused
in preferring the appeal is hereby condoned. Civil
application stands allowed.
(NISHA M. THAKORE,J)
MAYA
