Reliance General Insurance Co Ltd vs Mukundbhai Dahyabhai Patel
2025 Latest Caselaw 6789 Guj

Gujarat High Court

Reliance General Insurance Co Ltd vs Mukundbhai Dahyabhai Patel on 19 September, 2025

                                                                                                       NEUTRAL CITATION




                              C/CA/3270/2025                            ORDER DATED: 19/09/2025

                                                                                                        undefined




                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3270 of
                                                       2025
                                        In F/FIRST APPEAL NO. 15759 of 2025
                       ==========================================================
                                            RELIANCE GENERAL INSURANCE CO LTD
                                                          Versus
                                            MUKUNDBHAI DAHYABHAI PATEL & ORS.
                       ==========================================================
                       Appearance:
                       MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
                       MR RITURAJ M MEENA(3224) for the Respondent(s) No. 6
                       NISHIT A BHALODI(9597) for the Respondent(s) No. 1,2
                       NOTICE SERVED for the Respondent(s) No. 3,4,5
                       ==========================================================
                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
                                         Date : 19/09/2025
                                           ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 67 days caused in preferring the appeal against the impugned judgment and award dated 16.11.2024 passed in M.A.C.P.No.244 of 2018.

2. Heard learned advocates for the parties.

3. Ms. Kiriti Pathak, learned advocate for the applicant, submitted that the impugned judgment and award came to be pronounced on 16.11.2024. The Insurance Company applied for certified copies of the judgment and award on the very same day i.e. 16.11.2024, which were made ready on 16.11.2024 and collected by the learned advocate for the Insurance Company on the same date. Thereafter, the said certified copies were forwarded to the Insurance Company. It is further submitted that the advocate appointed to prefer an appeal on behalf of the Insurance Company actually received the certified copies only in the fourth week of March, 2025.

NEUTRAL CITATION

C/CA/3270/2025 ORDER DATED: 19/09/2025

undefined

Owing to delay in transmission of the certified copies from the local office of the Insurance Company to the concerned advocate, there occurred a lapse of time. Upon receipt of the certified copies, the advocate prepared the draft appeal memo and forwarded the same for necessary approval. The Competent Authority thereafter granted approval and affirmed the drafts of the First Appeal as well as the Civil Application. Immediately upon receiving instructions, the memo of the present appeal was finalized. Since considerable time was consumed in completing the systematic procedure required to be followed by the applicant-Insurance Company, there has occurred a delay of 67 days in preferring the present appeal.

4. Mr.Rituraj Meena, learned advocate for the respondent no.6, has no objection, if the delay is condoned.

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 67 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