Cholamandalam Ms General Insurance Co. ... vs Rajeshbhai Bhikhubhai Valvi
2025 Latest Caselaw 7046 Guj

Gujarat High Court

Cholamandalam Ms General Insurance Co. ... vs Rajeshbhai Bhikhubhai Valvi on 29 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4961/2025                                   ORDER DATED: 29/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4961
                                               of 2025

                                         In F/FIRST APPEAL NO. 28701 of 2025

                      ==========================================================
                               CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
                                                  Versus
                                    RAJESHBHAI BHIKHUBHAI VALVI & ORS.
                      ==========================================================
                      Appearance:
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 29/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking condonation of delay of 202 days caused in preferring the appeal against the impugned judgment and award dated 21.11.2024 passed in M.A.C.P. No.482 of 2020 (Old M.A.C.P. No.159 of 2019).

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant submitted that the certified copy of the impugned judgment and award could not be obtained in time owing to the mistake of the clerk of the learned advocate who was handling the matter at learned Tribunal. She further submitted that after obtaining the certified copy, the certified copy was forwarded to the head office of the company for seeking necessary instructions for preferring the appeal. She

NEUTRAL CITATION

C/CA/4961/2025 ORDER DATED: 29/09/2025

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further submitted that the delay in neither intentional nor malafide but has occasioned owing to the mistake of the clerk.

4. Having considered the submissions of the learned advocate for the applicant and having regard to the ground for delay pressed into service, I am of the considered view that the delay has been sufficiently explained and the same deserves to be condoned. Accordingly, the delay is condoned. No order as to costs.

(MOOL CHAND TYAGI, J) CDP