The New India Assurance Co. Ltd., ... vs Lh Of Decd Vitthalbhai @ Nishalbhai ...
2025 Latest Caselaw 6949 Guj

Gujarat High Court

The New India Assurance Co. Ltd., ... vs Lh Of Decd Vitthalbhai @ Nishalbhai ... on 25 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4938/2025                                   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. 4938
                                               of 2025

                                         In F/FIRST APPEAL NO. 22795 of 2025

                      ==========================================================
                           THE NEW INDIA ASSURANCE CO. LTD., BARDOLI BRANCH
                                                 Versus
                         LH OF DECD VITTHALBHAI @ NISHALBHAI RATHOD (HALPATI) &
                                                  ORS.
                      ==========================================================
                      Appearance:
                      MR.KRUTIK A PARIKH(7268) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 25/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 63 days caused in preferring the appeal

against the impugned judgment and award.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant submitted that the

delay of 63 days in preferring the appeal occurred owing to the

reasons that the necessary papers were sent from branch office

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. Considering the fact that the delay has occurred owing to

NEUTRAL CITATION

C/CA/4938/2025 ORDER DATED: 25/09/2025

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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 63 days caused in preferring the appeal is

hereby condoned. The present Civil Application stands allowed.

No order as to costs.

(MOOL CHAND TYAGI, J) CDP