Gujarat High Court
Meet Dipteshbhai Dave vs Vivekkumar Gulshanlal Agrawal on 29 September, 2025
NEUTRAL CITATION
C/CA/3068/2025 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. 3068
of 2025
In F/FIRST APPEAL NO. 12542 of 2025
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MEET DIPTESHBHAI DAVE
Versus
VIVEKKUMAR GULSHANLAL AGRAWAL & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MS KIRTI S PATHAK(9966) for the Respondent(s) No. 3
SERVED BY AFFIX(N) for the Respondent(s) No. 1,2
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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 760 days caused in preferring the appeal
against the impugned judgment and award.
2. Heard learned advocates for the parties.
3. Learned advocate for the applicant submitted that the
applicant had preferred the review application against the
judgment and award dated 13.12.2022 passed by the learned
Tribunal, Vadodara in M.A.C.P No.97 of 2016. He further
submitted that the application of review was decided by the
learned Tribunal vide order dated 06.01.2025. Thereafter, the
NEUTRAL CITATION
C/CA/3068/2025 ORDER DATED: 29/09/2025
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present appeal along with the application for condonation of
delay came to be filed on 11.04.2025. He further submitted that
as such no lengthy delay has occurred in preferring the appeal
against the original impugned judgment and award dated
06.01.2025. He further submitted that the delay is neither
intentional nor malafide but has occasioned owing to the reasons
fo the pendency of the review application before the learned
Tribunal. He further submitted that the applicant has calculated
the delay from the date of original order passed in the claim
petition on 13.12.2022.
4. On the other hand, learned advocate Ms Kirti S Pathak
appearing on behalf of the Insurance Company submitted that
considering the facts and circumstances of the present case, the
appropriate order may be passed.
5. Having regard to the submissions of the learned advocates
for the parties it is evident from the record that the learned
Tribunal has passed the award on 13.12.2022 thereafter the
applicant has preferred the review petition before the learned
Tribunal which came to be registered as M.A.C.R.P. No.11 of
2022 and the said petition came to be decided by the learned
Tribunal vide impugned judgment and award dated 06.01.2025.
The appeal in question has been preferred along with the
NEUTRAL CITATION
C/CA/3068/2025 ORDER DATED: 29/09/2025
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application for condonation of delay on 11.04.2025. Thus,
having regard to the facts and circumstances of the case, 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.
6. In view of the above directions, the present application
disposed of.
(MOOL CHAND TYAGI, J)
CDP
