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2025 DAILYLAW 3623 (GUJ)

RELIANCE GENERAL INSURANCE CO. LTD. v. HARDIK JITENDRABHAI PATEL

CA/3287/2025 · 2025-09-08

Nisha M Thakore

body2025

Judgment text

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C/CA/3287/2025 ORDER DATED: 08/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3287 of 2025 In F/FIRST APPEAL NO. 15811 of 2025 ============================================= RELIANCE GENERAL INSURANCE CO. LTD. Versus HARDIK JITENDRABHAI PATEL & ORS. ============================================= Appearance: MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1,2,3 ============================================= CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 08/09/2025 ORAL ORDER 1. Heard learned advocate for the applicant. Notice issued by this Court upon the respondents have been duly served, however, they chosen not to enter their appearance. Noticing the limited prayer sought for in the present application, the present application is taken up for hearing in absence of the respondents. 2. Present application under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act praying for condonation of delay of 67 days caused in preferring the appeal. 3. Learned advocate for the applicant- Insurance Company has mainly relied upon the relevant averments made in the application and has submitted that because of the administrative reasons, the appeal could not be presented within the prescribed period of limitation. He has therefore, urged this Court to take liberal view and condone the delay. C/CA/3287/2025 ORDER DATED: 08/09/2025 4. Considering the aforesaid explanation offered by the learned advocate for the applicant, in light of the averments made in the application stated on oath, this Court is inclined to accept the aforesaid explanation to be sufficient cause which prevented the applicant-Insurance Company to present its appeal within stipulated period of limitation. Hence, delay of 67 days caused in preferring the appeal is hereby condoned. Present Civil Application stands allowed. (NISHA M. THAKORE,J) RATHOD KAUSHIKSINH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKSINH JILUSINH RATHOD(HC00957), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/09/2025 18:26:05