Reliance General Ins. Co. Ltd vs Pamiben Danabhai Sathiya
2025 Latest Caselaw 6614 Guj

Gujarat High Court

Reliance General Ins. Co. Ltd vs Pamiben Danabhai Sathiya on 15 September, 2025

                                                                                                                     NEUTRAL CITATION




                             C/CA/4764/2025                                           ORDER DATED: 15/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4764
                                               of 2025

                                         In F/FIRST APPEAL NO. 24163 of 2025

                      ==========================================================
                                               RELIANCE GENERAL INS. CO. LTD.
                                                          Versus
                                              PAMIBEN DANABHAI SATHIYA & ORS.
                      ==========================================================
                      Appearance:
                      MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 15/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 90 days caused in preferring the appeal against the impugned judgment and award dated 10.01.2025 passed in M.A.C.P. No.1052 of 2016.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant, submitted that the impugned judgment and award was pronounced on 10.01.2025. The Insurance Company applied for certified copies of the judgment and award on 10.01.2025, which were made ready on 10.01.2025. Learned advocate for the Insurance Company collected the said certified copies in the month of July, 2025, and thereafter, the same were forwarded to the Insurance Company. She further submitted that, as per the Limitation Act, the last date for filing the appeal was

NEUTRAL CITATION

C/CA/4764/2025 ORDER DATED: 15/09/2025

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10.07.2025. However, the applicant could not prefer the appeal within the prescribed period of limitation. Since the delay occurred in obtaining instructions from the head office of the applicant, there has been a delay of 90 days in preferring the present appeal.

4. 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 90 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs.

(MOOL CHAND TYAGI, J) CDP