Shree Subhash Ramdas Thakare vs Mufdharbhai Yakubbhai Vohra
2025 Latest Caselaw 6249 Guj

Gujarat High Court

Shree Subhash Ramdas Thakare vs Mufdharbhai Yakubbhai Vohra on 2 September, 2025

                                                                                                                   NEUTRAL CITATION




                             C/CA/4553/2025                                         ORDER DATED: 02/09/2025

                                                                                                                    undefined




                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                                            4553 of 2025

                                        In F/FIRST APPEAL NO. 25422 of 2025
                      =============================================
                                          SHREE SUBHASH RAMDAS THAKARE
                                                      Versus
                                          MUFDHARBHAI YAKUBBHAI VOHRA
                      =============================================
                      Appearance:
                      MR ALAY S SHETH(12022) for the Applicant(s) No. 1
                      MR SMIT S SHAH(12663) for the Applicant(s) No. 1
                      =============================================
                        CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                                       Date : 02/09/2025
                                        ORAL ORDER

Heard Mr. Alay Sheth, learned advocate for the applicant. Noticing the limited prayer sought for in the present application, the present application is taken up for hearing at admission stage without issuance of notice upon the respondents.

2. Present application under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act praying for condonation of delay of 26 days caused in preferring the appeal.

3. Learned advocate for the applicant has relied upon the averments made in the application and has submitted that the applicant is the original claimant, who is aggrieved and dissatisfied with the impugned judgment and award, whereby, the claim petition preferred by the present applicant - original claimant under Section 166 of the Motor Vehicles Act, 1988 came to be dismissed. He has further submitted that the

NEUTRAL CITATION

C/CA/4553/2025 ORDER DATED: 02/09/2025

undefined

applicant had good case on merits and is hopeful to succeed in the appeal, this Court may therefore take liberal view and condone the delay.

4. Considering the aforesaid explanation offered by the learned advocate for the applicant, in light of the averments made in the application stated on oath, this Court is inclined to accept the aforesaid explanation to be sufficient cause which prevented the applicant to present his appeal within stipulated period of limitation. Hence, delay of 26 days caused in preferring the appeal is hereby condoned. Present Civil Application stands allowed.

(NISHA M. THAKORE,J) RATHOD KAUSHIKSINH/sfs/2/9/25