Cholamandalam M.S.General Insurance ... vs Rajendrasinh Pabaji Sodha
2025 Latest Caselaw 6755 Guj

Gujarat High Court

Cholamandalam M.S.General Insurance ... vs Rajendrasinh Pabaji Sodha on 18 September, 2025

                                                                                                                    NEUTRAL CITATION




                             C/CA/4113/2025                                          ORDER DATED: 18/09/2025

                                                                                                                     undefined




                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4113
                                               of 2025

                                          In F/FIRST APPEAL NO. 18093 of 2025

                      ==========================================================
                               CHOLAMANDALAM M.S.GENERAL INSURANCE CO. LTD.
                                                  Versus
                                     RAJENDRASINH PABAJI SODHA & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      DELETED for the Respondent(s) No. 4
                      MR DHAIRYAWAN D BHATT(11817) for the Respondent(s) No. 3
                      MR.HIREN M MODI(3732) for the Respondent(s) No. 9
                      NOTICE NOT RECD BACK for the Respondent(s) No. 5,8
                      NOTICE SERVED for the Respondent(s) No. 2,6,7
                      NOTICE UNSERVED for the Respondent(s) No. 1
                      ==========================================================

                        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 78 days caused in preferring the appeal against the impugned judgment and award dated 16.11.2024 passed in M.A.C.P. No.214 of 2019.

2. Heard learned advocates for the parties.

3. Learned advocate for the applicant submitted that the delay of 78 days in preferring the appeal occurred owing to the reasons that the necessary papers were sent from branch office

NEUTRAL CITATION

C/CA/4113/2025 ORDER DATED: 18/09/2025

undefined

to head office of the Insurance Company for seeking the permission to prefer the appeal, therefore, the applicant could not prefer the appeal within the prescribed period of limitation.

4. Mr D D Bhatt, 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 78 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