Cholamandalam Ms General Insurance Co ... vs Sheikh Nizamuddin Chhotumiya
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Gujarat High Court

Cholamandalam Ms General Insurance Co ... vs Sheikh Nizamuddin Chhotumiya on 29 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/2603/2025                                       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. 2603 of
                                                      2025
                                       In F/FIRST APPEAL NO. 12837 of 2025
                      ==========================================================
                           CHOLAMANDALAM MS GENERAL INSURANCE CO LTD, MEHSANA
                                                  Versus
                                   SHEIKH NIZAMUDDIN CHHOTUMIYA & ORS.
                      ==========================================================
                      Appearance:
                      MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
                      MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
                      K T BELADIYA(9101) for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1,4
                      TIRTH NAYAK(8563) for the Respondent(s) No. 6
                      UNSERVED EXPIRED (R) for the Respondent(s) No. 5
                      ==========================================================
                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                               Date : 29/09/2025

                                                                ORAL ORDER

1. Heard learned counsels for the parties.

2. The present application has been preferred for seeking condonation of delay of 111 days caused in preferring the appeal against the impugned judgment and award dated 10.09.2024 passed by the learned Motor Accident Claims Tribunal (Main) at Mahesana in M.A.C.P. No. 245 of 2017.

3. Ms. Masumi V Nanavaty, learned advocate for the applicant - Insurance Company, submitted that the delay of 111 days has occasioned in preferring the appeal owing to administrative reasons, as reasonable time was consumed in transmitting the necessary records of the case along with certified copy of the impugned order from the branch office of the Insurance Company to its head office and thereafter for

NEUTRAL CITATION

C/CA/2603/2025 ORDER DATED: 29/09/2025

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seeking instructions for preferring the appeal. She further submitted that the delay is neither intentional nor malafide, but has occasioned owing to the reasons mentioned in detail at para nos. 3 & 4 of the application.

4. On the other hand, Mr. Tirth Nayak, learned advocate for the respondent no. 6- Original Claimant and Mr. K T Beladiya, learned advocate for the respondent nos. 2 & 4- Opponent nos. 2 & 4, submitted that considering the facts and circumstances of the case, an appropriate order may be passed.

5. Having considered the submissions of the learned counsels for the parties and having regard to the fact that the delay has occasioned due to the administrative reasons, in my considered view, constitutes a sufficient ground to condone the delay. Accordingly, the delay in preferring the appeal is hereby condoned.

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

7. Registry is directed to show the name of Mr. Tirth Nayak, learned advocate for the respondent no. 6 and Mr. K T Beladiya, learned advocate for the respondent nos. 2 & 4 in the First Appeal.

(MOOL CHAND TYAGI, J) ARUN/HARSHIT