The New India Assurance Company Ltd vs Heirs Of Deceased Rekhaben Amichand ...
2025 Latest Caselaw 7810 Guj

Gujarat High Court

The New India Assurance Company Ltd vs Heirs Of Deceased Rekhaben Amichand ... on 11 November, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                                 NEUTRAL CITATION




                              C/CA/5339/2025                                     ORDER DATED: 11/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5339 of
                                                    2025

                                               In F/FIRST APPEAL NO. 24988 of 2025

                       ==========================================================
                                     THE NEW INDIA ASSURANCE COMPANY LTD.
                                                      Versus
                              HEIRS OF DECEASED REKHABEN AMICHAND KATARA & ORS.
                       ==========================================================
                       Appearance:
                       MS DIMPLE A THAKER(6838) for the Applicant(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                               Date : 11/11/2025
                                                ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 19 days caused in preferring the captioned first appeal.

2. Ms.Sarthi Adani, learned Advocate appearing for Ms.Dimple Thaker, learned advocate for the applicant submitted that after the judgment was pronounced necessary steps were taken. At the initial stage, the issue was considered by the Division Office and thereafter, was sent to the Regional Office for its opinion and for further course of action. Upon opinion being provided, steps were taken to challenge the judgment before the High Court. It is submitted that further consequential steps were taken seeking sanction, approval, etc. and after the appeal was prepared, it was filed

NEUTRAL CITATION

C/CA/5339/2025 ORDER DATED: 11/11/2025

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and in the process, some time got consumed culminating into delay of 19 days. It is urged that the delay is bona fide which may kindly be condoned.

3. The captioned application, as stated hereinabove, is filed seeking condonation of delay of 19 days caused in filing the captioned appeal and detailed explanation is offered at paragraph 3 of the application substantiating the delay. The file was moved inter-departmentally and intra-departmentally seeking approval and sanction. In the process, there occurred a delay of 19 days which has been sufficiently explained deserving its condonation.

4. Having regard to the averments made so also the oral submissions and considering the length of delay and explanation offered, this Court, is of the opinion that delay of 19 days caused in filing the captioned appeal deserves to be condoned and is hereby condoned.

5. Civil application succeeds and is accordingly allowed. No order as to costs.

(SANGEETA K. VISHEN,J)

(NISHA M. THAKORE,J) SINDHU NAIR