Gujarat High Court
Hdfc Ergo Insurance Co Ltd vs Sanjeevkumar Sukhdevsinh on 20 June, 2025
NEUTRAL CITATION
C/CA/1830/2025 ORDER DATED: 20/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 1830 of 2025
In
F/FIRST APPEAL NO. 3359 of 2025
======================================
HDFC ERGO INSURANCE CO LTD
Versus
SANJEEVKUMAR SUKHDEVSINH & ORS.
======================================
Appearance:
MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 3,4,6,7,8
======================================
CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 20/06/2025
ORAL ORDER
1. Leave to carry-out amendment.
2. Heard Mr. Vibhuti Nanavaty, learned advocate for the
applicant - insurance company. Mr. H.M. Shah, learned
advocate has appeared and submitted that he has received
instructions to appear on behalf of the respondent nos.6 to 8 -
original claimants.
3. Mr. H.M. Shah, learned advocate is permitted to file his
Vakalatnama. Registry to accept the same.
4. The service of notice of rule qua the respondent nos.1
and 2 is awaited. The respondent nos.3 and 4 have been duly
NEUTRAL CITATION
C/CA/1830/2025 ORDER DATED: 20/06/2025
undefined
served with the Court notice, however they have chose not to
appear to object the present application. Looking to the
limited prayer sought for, the present application is taken-up
for hearing in absence of the aforesaid respondents.
5. The present application is filed under Section 5 of the
Limitation Act, read with Section 173 of the Motor Vehicles
Act, 1988 seeking condonation of delay of 160 days caused in
preferring the appeal.
6. Learned advocate for the applicant at the outset has
invited my attention to the averments made in the application
and submitted that the impugned judgment and award sought
to be challenged in the appeal was pronounced on 9 th May,
2024. The advocate on record for the insurance company was
not aware about the pronouncement of the order. He became
aware about the order only on 20th May, 2024 when he was
inquired about the status of the claim petition. He had
immediately applied for certified copy on the same day, which
was made available on 28th May, 2024. The certified copy
thereafter forwarded to the office of the insurance company,
Vadodara vide letter dated 25th June, 2024. The same was
received by the office of the insurance company on 3 rd July,
2024. By referring to the aforesaid dates, learned advocate
for the applicant submitted that period of limitation was
expired on 13th August, 2024. Learned advocate for the
applicant while referring to the aforesaid dates has further
submitted that the appropriate instructions from the head
office were sought for with regard to the approval for
preferring an appeal before this Court. The instructions were
NEUTRAL CITATION
C/CA/1830/2025 ORDER DATED: 20/06/2025
undefined
received by the learned advocate on record only on 7 th
September, 2024, whereby draft memo of the appeal was
prepared and was approved. In the process, delay of 160 days
had crept in. It was also submitted that the statutory amount
deposit receipt, was awaited, which had further contributed to
the delay.
6.1 By making the aforesaid submissions, learned advocate
for the applicant - insurance company has further submitted
that there is no negligence, inaction or willful delay on the
part of the applicant and therefore, the delay caused in
preferring the appeal may kindly be condoned.
7. Considering the aforesaid submissions of the learned
advocate for the applicant - insurance company and in
absence of any objection being raised by the contesting
respondents, more particularly original claimants of the claim
petition and looking to the explanation offered, this Court is
inclined to exercise its discretion in favour of the applicant.
Hence, the present application stands allowed. The delay of
160 days caused in preferring the captioned appeal is hereby
condoned. Rule is made absolute.
(NISHA M. THAKORE, J.)
AMAR RATHOD...
