C/CA/3257/2025 ORDER DATED: 18/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3257 of 2025 In F/FIRST APPEAL NO. 14815 of 2025 With R/CIVIL APPLICATION NO. 3266 of 2025 In F/FIRST APPEAL NO. 14801 of 2025 With R/CIVIL APPLICATION NO. 3283 of 2025 In F/FIRST APPEAL NO. 14802 of 2025 ========================================================== ICICI LOMBARD GENERAL INSURANCE CO LTD Versus LILIBEN AJMALBHAI THAKOR & ORS. ========================================================== Appearance: MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1 KAASH K THAKKAR(7332) for the Respondent(s) No. 1,3 ========================================================== CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 18/06/2025 COMMON ORAL ORDER 1. Heard learned advocate for the applicant and learned advocate for the respondents-original claimants. 2. Looking to the minimal number of days involved, the present applications are taken up for final hearing in absence of other respondents. Page 1 of 4 C/CA/3257/2025 ORDER DATED: 18/06/2025 3. The present applications are filed under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act , seeking condonation of delay of 3/21 days caused in preferring the appeals. 4. Learned advocate appearing for the applicant-Insurance Company has invited my attention to the averments made in the application, and has submitted that after the papers were scrutinized by the Legal Officer of the applicant-Insurance Company, the opinion was firmed to approach in appeal. The procedure was undertaken for seeking sanction of approval for preferring an appeal. The papers were sent to the learned advocate, after the certified copy of the impugned judgment and award was made available, who in turn, had prepared the memo of appeal. The draft was approved. However, in the process, delay of 3/21 days has crept in. Learned advocate has further submitted that there was no mala fide intention or any dilatory tactics on part of the applicant or its Officer to not to prefer the appeal within the prescribed period of limitation. In fact, the applicant is facing execution proceedings and has approached this Court seeking circulation of the appeal. According to learned advocate, in the appeal, the issue of liability of the Insurance Company has been disputed on various grounds including the defence that the policy, C/CA/3257/2025 ORDER DATED: 18/06/2025 which was sought to be enforced was patently fabricated and forged. Learned advocate has further submitted that in fact, the criminal proceedings have been initiated, inasmuch as, Special Investigation Team has been constituted for investigation. She has, therefore, submitted that dismissing the appeal on the technical ground of delay, would take away the right of the applicant-Insurance Company to present their case on merits. She has, therefore, urged this Court to take liberal approach and to condone the delay. 5. Learned advocate for the respondents-original claimants has not objected to the aforesaid prayers sought for. 6. Noticing the aforesaid submissions of learned advocates for the respective parties in light of the averments made in the application and having perused the grounds raised in appeal, more particularly, considering the fact that minimal number of days are involved, this Court is inclined to exercise its discretion to condone the delay of 3/21 days caused in preferring the appeals. The delay is hereby condoned. The Civil Applications are allowed. No order as to costs. 7. At this stage, learned advocate for the applicant-Insurance Company has urged this Court for circulation of the First Appeals for admission hearing as they are facing execution proceedings. Page 3 of 4 C/CA/3257/2025 ORDER DATED: 18/06/2025 8. Noticing the aforesaid submissions, Registry is directed to register the First Appeals and notify the First Appeals for admission hearing on 20.06.2025. 9. Registry to maintain the copy of this order in each matter. (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SUYASH KUMAR SRIVASTAVA(HC01570), PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2025 16:51:02