Ghanshyambhai Nanjibhai Sitapara vs Sohanlal B. Marwadi
2025 Latest Caselaw 7056 Guj

Gujarat High Court

Ghanshyambhai Nanjibhai Sitapara vs Sohanlal B. Marwadi on 29 September, 2025

                                                                                                                  NEUTRAL CITATION




                              C/CA/3055/2025                                       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. 3055 of
                                                    2025


                                               In F/FIRST APPEAL NO. 16976 of 2025

                      ==========================================================
                                       GHANSHYAMBHAI NANJIBHAI SITAPARA & ANR.
                                                       Versus
                                            SOHANLAL B. MARWADI & ORS.
                      ==========================================================
                      Appearance:
                      MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1,2
                      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 counsels for the parties.

2. The present application has been preferred for seeking condonation of delay of 64 days caused in preferring the appeal against the impugned judgment and award dated 16.11.2024 passed by the learned Motor Accident Claims Tribunal (Aux.-IV) at Gandhinagar in M.A.C.P. No. 434 of 2015.

3. Mr. Rathin P Raval, learned advocate for the applicants submitted that the impugned judgment and award was pronounced on 16.11.2024. The certified copy of the same was applied on 15.04.2025. The applicants collected the said certified copy on 22.04.2025 and thereafter forwarded the

NEUTRAL CITATION

C/CA/3055/2025 ORDER DATED: 29/09/2025

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same to the learned advocate for preparing appeal memo. He further submitted that the applicants also faced financial difficulty in arranging the necessary Court Fee and other expenses involved in preferring the appeal. He further submitted that the delay is neither intentional nor malafide, but has occasioned owing to the reasons mentioned in detail at para nos. 3 to 6 of the application.

4. On the other hand, Mr. Tanmay B Karia, learned advocate for respondent no.3 - Insurance Company submitted that considering the facts and circumstances of the case, an appropriate order may be passed.

5. Having regard to the facts and circumstances of the present case and having regard to fact that the delay has occurred owing to the poverty of the applicants and the time consumed in getting the certified copies, in my considered view, constitutes a sufficient ground to condone the delay and 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.

(MOOL CHAND TYAGI, J) ARUN/HARSHIT