United India Insurance Company Limited vs Ishavarbhai Narunbhai Rudani
2025 Latest Caselaw 6753 Guj

Gujarat High Court

United India Insurance Company Limited vs Ishavarbhai Narunbhai Rudani on 18 September, 2025

                                                                                                                NEUTRAL CITATION




                              C/CA/3864/2025                                    ORDER DATED: 18/09/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3864
                                               of 2025

                                          In F/FIRST APPEAL NO. 18134 of 2025

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                                      UNITED INDIA INSURANCE COMPANY LIMITED
                                                       Versus
                                       ISHAVARBHAI NARUNBHAI RUDANI & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      MR MOHSIN M HAKIM(5396) for the Respondent(s) No. 3
                      NOTICE SERVED for the Respondent(s) No. 1,2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 18/09/2025

                                                                ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 104 days caused in preferring the appeal against the impugned judgment and award.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the delay of 104 days in preferring the appeal occurred owing to the reason that the necessary papers were sent from branch office to head office of the Insurance Company for seeking permission to prefer the appeal. Therefore, the applicant could not prefer the appeal within the prescribed period of limitation.

NEUTRAL CITATION

C/CA/3864/2025 ORDER DATED: 18/09/2025

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4. Mr Hakim, learned advocate for the respondent no.3 submitted that considering the facts of the case, an 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 104 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