United India Insurance Company Limited vs Legal Heirs Of Deceased Vashrambhai J. ...
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Gujarat High Court

United India Insurance Company Limited vs Legal Heirs Of Deceased Vashrambhai J. ... on 24 June, 2025

                                                                                                               NEUTRAL CITATION




                              C/CA/3340/2025                                   ORDER DATED: 24/06/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                             3340 of 2025
                                 In F/FIRST APPEAL NO. 17737 of 2025
                      =============================================
                              UNITED INDIA INSURANCE COMPANY LIMITED
                                               Versus
                         LEGAL HEIRS OF DECEASED VASHRAMBHAI J. SORATHIYA &
                                                ORS.
                      =============================================
                      Appearance:
                      ARUNKUMAR R DAVE(8949) for the Applicant(s) No. 1
                      SHARMISHTA A DAVE(8735) for the Applicant(s) No. 1
                      =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 24/06/2025
                                        ORAL ORDER

Heard Ms. Sharmishta Dave, learned advocate for the applicant- Insurance Company. Looking to the number of days involved, application seeking condonation of delay of 33 days is taken up for hearing in absence of respondents.

2. Present application is filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act at the instance of the Insurance Company of the offending vehicle involved praying for condonation of delay of 33 days caused in preferring the appeal.

3. Learned advocate has mainly relied upon the averments made in the application and has submitted that the impugned judgment and award was pronounced on 27.01.2025, the advocate on record had immediately applied on 4.2.2025 and certified copy was made available on 21.02.2025. Learned advocate has further pointed out that further time was

NEUTRAL CITATION

C/CA/3340/2025 ORDER DATED: 24/06/2025

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consumed in seeking necessary permission from the higher authority to prefer in appeal. In the process, the delay of 33 days had crept in. By making aforesaid submissions, learned advocate has submitted that there was no mala fide intention or gross negligency on the part of the present applicant- Insurance Company or its officer to not to approach in appeal within the stipulated period of limitation. He has therefore, urged this Court to take liberal view and to condone the delay.

4. Considering the aforesaid submissions made by the learned advocates for the respective parties and in light of the averments made in the application, in the opinion of this Court, sufficient cause is made out to consider their case for condonation of delay. Hence, delay of 33 caused in preferring the appeal is hereby condoned. Present application stands allowed to the aforesaid extent. No costs.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH