Cholamandalam Ms General Insurance Co. ... vs Hasmukhbhai Punabhai Parmar
2025 Latest Caselaw 7173 Guj

Gujarat High Court

Cholamandalam Ms General Insurance Co. ... vs Hasmukhbhai Punabhai Parmar on 3 October, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/2359/2025                                    ORDER DATED: 03/10/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2359
                                               of 2025

                                          In F/FIRST APPEAL NO. 12730 of 2025

                      ==========================================================
                        CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. MEHSANA
                                              Versus
                                HASMUKHBHAI PUNABHAI PARMAR & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      MR D S GADHVI(11310) for the Respondent(s) No. 1
                      MR. SHIVAM N THAKKAR(10024) for the Respondent(s) No. 2,3,4
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 03/10/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 98 days caused in preferring the appeal

against the impugned judgment and award dated 01.10.2024

passed in M.A.C.P. No.76 of 2021.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant submitted that the

delay of 98 days in preferring the appeal occurred owing to the

reasons that the necessary papers were sent from branch office

to head office of the Insurance Company for seeking the

permission to prefer the appeal, therefore, the applicant could

NEUTRAL CITATION

C/CA/2359/2025 ORDER DATED: 03/10/2025

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not prefer the appeal within the prescribed period of limitation.

4. The notices have been duly served upon all the

respondents. Despite service of notices, they have chosen not to

appear before the Court when the matter was called out.

5. Considering the fact that the delay has occurred owing to

the transmission of the record from the branch office to the head

office and in conveying the necessary instructions for briefing, in

my view, the cause shown is sufficient to condone the delay.

Hence, the delay of 98 days caused in preferring the appeal is

hereby condoned. The present Civil Application stands allowed.

No order as to costs. The present application is disposed of.

6. Registry is directed to reflect the names of the respective

advocates of the parties in the cause list of the First Appeal.

(MOOL CHAND TYAGI, J) CDP