Gujarat High Court
The New India Assurance Co. Ltd vs Kumodben W/O Sohanbhai Swami on 4 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/1575/2025 ORDER DATED: 04/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1575 of
2025
In F/FIRST APPEAL NO. 7527 of 2025
===============================================================
THE NEW INDIA ASSURANCE CO. LTD.
Versus
KUMODBEN W/O SOHANBHAI SWAMI & ORS.
================================================================
Appearance:
MR SUNIL B PARIKH(582) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1,2,3,5,6,9
RULE SERVED for the Respondent(s) No. 8
===============================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 04/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicant for condoning
the delay of 58 days in preferring the appeal against the
order dated 19.09.2024 passed by the 4 th Additional
District Judge and M.A.C.T. (Auxi.), Ahmedabad Rural in
MACP No.936 of 2016.
2. Learned advocate Mr. Sunil Parikh for the appellant
has filed a leave note today.
3. It is reported that the rule issued by this Court under
dated 13.03.2025 is served however, none has appeared
on behalf of the respondents.
NEUTRAL CITATION
C/CA/1575/2025 ORDER DATED: 04/09/2025
undefined
4. From the pleadings, it appears that the judgment
and award was pronounced on 19.09.2024 and the
certified copy which was applied on 20.09.2024 was
received on 09.10.2024. Further, two opinions were
sought to file appeal or not and after receiving the opinion
dated 14.12.2024 decision was taken to file the appeal.
Hence, some delay has occurred in following the
procedure.
5. Considering the aforesaid, particularly, period of 58
days of delay, the Court is of the view that considering the
facts involved in the case, delay cannot be treated as
inordinate.
6. Considering the averments made in the application
and the contents of the para mentioned hereinabove, the
delay is also explained sufficiently.
7. A reference in this regard may be made to the
judgment of the Supreme Court in case of Sheo Raj
Singh (Deceased) through Legal Representatives
and others vs/. Union of India and Another, reported
in, (2023) 10 SCC 531, wherein the term "Sufficient
Cause" was interpreted and the approach of Courts while
deciding application for condonation of delay was
discussed.
8. In view of the aforesaid, the application is allowed.
The delay of 58 days caused in preferring the appeal
NEUTRAL CITATION
C/CA/1575/2025 ORDER DATED: 04/09/2025
undefined
against the order dated 19.09.2024 passed by the 4 th
Additional District Judge and M.A.C.T. (Auxi.), Ahmedabad
Rural in MACP No.936 of 2016 is hereby condoned. Rule is
made absolute to the aforesaid extent. Registry is directed
to list the main appeal in due course.
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
