Mitalben Hirenbhai Chandra vs Atulsinh Ajitsinh Revar
2025 Latest Caselaw 6948 Guj

Gujarat High Court

Mitalben Hirenbhai Chandra vs Atulsinh Ajitsinh Revar on 25 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3319/2025                                       ORDER DATED: 25/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3319 of
                                                    2025

                                               In F/FIRST APPEAL NO. 17845 of 2025

                      ==========================================================
                                           MITALBEN HIRENBHAI CHANDRA & ORS.
                                                          Versus
                                             ATULSINH AJITSINH REVAR & ORS.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
                      MR CHIRAYU A MEHTA(3256) for the Respondent(s) No. 4
                      NOTICE SERVED for the Respondent(s) No. 2,3
                      NOTICE UNSERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 25/09/2025

                                                                ORAL ORDER

1. Heard learned counsel for the parties.

2. Learned counsel for the applicant submitted that the delay of 81 days has occasioned in preferring the appeal against the judgment and award owing to the reasons that the applicant could not arrange the finance to pay the requisite Court fee and other expenses involved in preferring the appeal. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the poverty of the applicant.

3. On the other hand, Mr. Chirayu A. Mehta, learned counsel appearing on behalf of the insurance company, submitted that considering the facts and circumstances, the appropriate order may be

NEUTRAL CITATION

C/CA/3319/2025 ORDER DATED: 25/09/2025

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passed.

4. Having considered the submissions of the learned counsel for the parties and considering the ground pressed into service, I am of the considered view that the delay has been sufficiently explained and the same is deserved to be condoned and accordingly, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) HARSHIT