Hansaben Narvatbhai Rathod vs Dinanathram Bhageshwarram
2025 Latest Caselaw 7049 Guj

Gujarat High Court

Hansaben Narvatbhai Rathod vs Dinanathram Bhageshwarram on 29 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3554/2025                                       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. 3554 of
                                                    2025


                                               In F/FIRST APPEAL NO. 20086 of 2025

                      ==========================================================
                                          HANSABEN NARVATBHAI RATHOD & ORS.
                                                        Versus
                                          DINANATHRAM BHAGESHWARRAM & ORS.
                      ==========================================================
                      Appearance:
                      MS POOJA H HOTCHANDANI(7765) for the Applicant(s) No. 1,2,3,4,5
                      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 : 29/09/2025
                                                                ORAL ORDER

1. Heard learned counsel for the applicants.

2. The present application has been preferred for seeking condonation of delay of 85 days caused in preferring the appeal against the impugned judgment and award dated 31.12.2024 passed by the learned Motor Accident Claims Tribunal (Main), Kheda at Nadiad in M.A.C.P. No. 202 of 2023.

3. Ms. Pooja H Hotchandani, learned advocate for the applicants submitted that the delay of 85 days has occasioned owing to the poverty of the claimants as they were not having sufficient means to pay the Court Fee and other legal expenses involved in preferring the appeal. She further submitted that the delay is neither intentional nor malafide,

NEUTRAL CITATION

C/CA/3554/2025 ORDER DATED: 29/09/2025

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but has occasioned owing to the reasons mentioned in detail at para nos. 5 to 8 of the application.

4. The notices have been duly served upon the contesting respondents, but they have chosen not to appear before the Court.

5. Having considered the submissions of the learned counsel for the applicants and having regard to the fact that the applicants could not prefer the appeal within the period of limitation owing to their poverty, in my considered view, constitutes a sufficient ground to condone the delay. Therefore, the delay in preferring the appeal against the impugned judgment and award is hereby condoned.

6. In view of the above, the present Civil Application stands disposed of. No order as to costs.

(MOOL CHAND TYAGI, J) ARUN/HARSHIT