Cholamandalam Ms General Insurance Co. ... vs Hurmanbhai Bachubhai Parmar
2025 Latest Caselaw 7451 Guj

Gujarat High Court

Cholamandalam Ms General Insurance Co. ... vs Hurmanbhai Bachubhai Parmar on 13 October, 2025

                                                                                                                NEUTRAL CITATION




                             C/CA/4217/2025                                     ORDER DATED: 13/10/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4217 of
                                                   2025

                                              In F/FIRST APPEAL NO. 23981 of 2025

                      ==========================================================
                                 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
                                                   Versus
                                     HURMANBHAI BACHUBHAI PARMAR & ANR.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      MR.HIREN M MODI(3732) for the Respondent(s) No. 2
                      NOTICE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                           Date : 13/10/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 60 days caused in preferring the appeal

against the impugned judgment and award dated 07.02.2025

passed in M.A.C.P. No.316 of 2022.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the

delay of 60 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

not prefer the appeal within the prescribed period of limitation.

NEUTRAL CITATION

C/CA/4217/2025 ORDER DATED: 13/10/2025

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4. However, learned advocate Mr. Hiren M. Modi appearing on

behalf of the respondent no.2 submitted that considering the

facts and circumstances of the present case, the appropriate

order may be passed.

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 60 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 name of the learned

advocate Mr. Hiren M. Modi for respondent No.2 in the cause list

of the First Appeal.

(MOOL CHAND TYAGI, J) CDP