Gujarat High Court
Shravankumar Ramgopal Ravat vs Chartered Speed Pvt. Ltd on 20 June, 2025
NEUTRAL CITATION
C/CA/1833/2025 ORDER DATED: 20/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1833 of
2025
In F/FIRST APPEAL NO. 8364 of 2025
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SHRAVANKUMAR RAMGOPAL RAVAT & ORS.
Versus
CHARTERED SPEED PVT. LTD. & ANR.
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Appearance:
MR VILAV K BHATIA(5338) for the Applicant(s) No. 1,2,3
DELETED for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 20/06/2025
ORAL ORDER
1. Heard Mr. Vilav K. Bhatia, learned advocate on record for the
applicants.
2. Rule issued by this Court, has been duly served upon respondent
no.2-Insurance Company. However, they have chosen not to appear
and contest the present application. Noticing the minimal number of
days involved, the application is taken up for hearing in absence of the
respondent no.2.
3. The present application is filed under Section 5 of the Limitation
Act read with Section 173(1) of the Motor Vehicles Act, seeking
NEUTRAL CITATION
C/CA/1833/2025 ORDER DATED: 20/06/2025
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condonation of delay of 87 days caused in preferring the appeal.
4. Learned advocate for the applicants has invited my attention to
the averments made in the application, and has urged this Court to
condone the delay. It is submitted that though the impugned
judgment and award was pronounced on 10.09.2024, the time was
consumed in seeking opinion of the advocate to approach in appeal.
The certified copy was applied for, later on, 11.11.2024, which was
made available on 20.11.2024. The applicants have contacted the
lawyer in the High Court for filing of appeal, with relevant case papers.
At that stage, the applicants were made aware about the legal
expenses to be incurred. The award amount was deposited on
18.12.2024 and the claimants were made aware about the said fact on
28.12.2024. Though, the withdrawal pursis was submitted, because of
the procedure involved, the period of two months was consumed in
releasing the amount, which was finally received on 15.02.2025. By
referring to the aforesaid events, learned advocate has submitted that
there was no negligency or inaction on part of the applicants to
approach in appeal within prescribed period of limitation. He has,
therefore, urged this Court to take liberal view and to condone the
delay.
5. Considering the aforesaid submissions of learned advocate for
NEUTRAL CITATION
C/CA/1833/2025 ORDER DATED: 20/06/2025
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the applicants and noticing the explanation offered as borne out from
the averments made in the application, this Court is inclined to accept
the aforesaid explanation to be a sufficient cause for the purpose of
condoning the delay. The delay of 87 days caused in preferring the
appeal, is hereby condoned. The Civil Application is allowed and
stands disposed of. Rule is made absolute. No order as to costs.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
