Haricharan @ Harishchandra Gopalrao ... vs Vijaybhai Ramchandra Sukla (Deleted)
2025 Latest Caselaw 8193 Guj

Gujarat High Court

Haricharan @ Harishchandra Gopalrao ... vs Vijaybhai Ramchandra Sukla (Deleted) on 21 November, 2025

                                                                                                                NEUTRAL CITATION




                             C/CA/4472/2025                                      ORDER DATED: 21/11/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               4472 of 2025

                                         In F/FIRST APPEAL NO. 5265 of 2025

                      ============================================
                            HARICHARAN @ HARISHCHANDRA GOPALRAO CHOPADE
                                                    Versus
                              VIJAYBHAI RAMCHANDRA SUKLA (DELETED) & ORS.
                      ============================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 2,3,5,6
                      ============================================

                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 21/11/2025

                                                            ORAL ORDER

1. Heard learned advocate for the applicant. Though served, none

appears for the respondents.

2. This application is filed under Section 5 of the Limitation Act for

condonation of delay of 523 days caused in filing the captioned appeal on

the ground that Insurance Company has deposited the amount late and

applicant was managing money for fees and expenses for filing appeal.

3. 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 SUPREME

COURT 3222, therefore, the delay of 523 days as explained by the

NEUTRAL CITATION

C/CA/4472/2025 ORDER DATED: 21/11/2025

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learned advocate for the applicant is considered on condition that

applicant shall not be entitled to the interest for the interregnum period of

delay, if in case the applicant succeed in appeal. The application is

accordingly allowed.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI