Cholamandalam Ms General Insurance Co. ... vs Kirankumar Vaghabhai Makwana
2025 Latest Caselaw 6621 Guj

Gujarat High Court

Cholamandalam Ms General Insurance Co. ... vs Kirankumar Vaghabhai Makwana on 15 September, 2025

                                                                                                                 NEUTRAL CITATION




                              C/CA/3453/2025                                      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. 3453 of
                                                    2025

                                               In F/FIRST APPEAL NO. 19109 of 2025

                      ==========================================================
                                  CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
                                                    Versus
                                     KIRANKUMAR VAGHABHAI MAKWANA & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5,6,7,8,9
                      ==========================================================

                         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 85 days caused in preferring the appeal against the impugned judgment and award dated 21.12.2024 passed in M.A.C.P.No.11 of 2013.

2. Though served, the respondents have chosen not to appear before the Court.

3. Heard learned advocates for the parties.

3. Mr. Vibhuti Nanavati, learned advocate for the applicant, submitted that the impugned judgment and award was pronounced on 21.12.2024. The Insurance Company

NEUTRAL CITATION

C/CA/3453/2025 ORDER DATED: 15/09/2025

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applied for certified copies of the judgment and award on 03.02.2025, which were made ready on 04.02.2025. Learned advocate for the Insurance Company collected the said certified copies on 06.02.2025, and thereafter, forwarded to the Insurance Company on 16.02.2025. He further submitted that as per the Limitation Act, the last date for filing the appeal was 09.04.2025, however, the applicant could not prefer the appeal within the prescribed period of limitation. Since considerable time consumed in obtaining instructions from the head office of the applicant, there has been a delay of 85 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 85 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) GIRISH