National Insurance Co. Ltd., Valsad vs Rasikbhai Kalubhai Vadhu
2025 Latest Caselaw 7174 Guj

Gujarat High Court

National Insurance Co. Ltd., Valsad vs Rasikbhai Kalubhai Vadhu on 3 October, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/3368/2025                                    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. 3368
                                               of 2025

                                          In F/FIRST APPEAL NO. 18160 of 2025

                      ==========================================================
                                         NATIONAL INSURANCE CO. LTD., VALSAD
                                                       Versus
                                          RASIKBHAI KALUBHAI VADHU & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      MR RITURAJ M MEENA(3224) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 2,4,5,6,7
                      UNSERVED EXPIRED (N) for the Respondent(s) No. 1
                      ==========================================================

                         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 130 days caused in preferring the appeal

against the impugned judgment and award dated 21.09.2024

passed in M.A.C.P. No.98 of 2020.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the

delay of 130 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

NEUTRAL CITATION

C/CA/3368/2025 ORDER DATED: 03/10/2025

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permission to prefer the appeal, therefore, the applicant could

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. However, learned advocate Mr. Digvijay Singh appearing on

behalf of the learned advocate Mr. Rituraj M. Meena for the

respondent no.3 submitted that considering the facts and

circumstances of the present case, the appropriate order may be

passed.

6. 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 130 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.

7. Registry is directed to reflect the name of the learned

advocate Mr. Rituraj M. Meena for respondent No. 3 in the cause

list of the First Appeal.

(MOOL CHAND TYAGI, J) CDP