Cholamandalam M. S. General Insurance ... vs Manishkumar Champaklal Gadhiya
2025 Latest Caselaw 7757 Guj

Gujarat High Court

Cholamandalam M. S. General Insurance ... vs Manishkumar Champaklal Gadhiya on 10 November, 2025

                                                                                                                   NEUTRAL CITATION




                             C/CA/5380/2025                                         ORDER DATED: 10/11/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               5380 of 2025

                            In F/MISC. CIVIL APPLICATION NO. 33369 of 2025
                      ============================================
                            CHOLAMANDALAM M. S. GENERAL INSURANCE CO. LTD.
                                                    Versus
                                 MANISHKUMAR CHAMPAKLAL GADHIYA & ORS.
                      ============================================
                      Appearance:
                      MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
                      ============================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 10/11/2025

                                                            ORAL ORDER

1. This application is filed under Section 5 of the Limitation Act for condonation of delay of 29 days caused in filing the Misc. Civil Application No. in F/First Appeal No.21582 of 2025, for restoration as certified copy was not obtained the applicant could not file within time. Now the applicant is able to get certified copy and comply with the necessary requirement of filing restoration application.

2. Having heard the learned advocates for the respective parties and considering the averments made in this application, it appears that sufficient cause is made out to condone the delay and in view of the judgment passed by the Hon'ble Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 Page 3222, therefore, the delay of 29 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI