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2025 DAILYLAW 3998 (GUJ)

THE ORIENTAL INSURANCE COMPANY LTD. v. KANUJI NARANJI THAKOR

MCA/1515/2025 · 2025-07-03

Nisha M Thakore

body2025

Judgment text

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C/CA/3252/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3252 of 2025 In R/MISC. CIVIL APPLICATION NO. 1515 of 2025 With R/MISC. CIVIL APPLICATION NO. 1515 of 2025 In F/FIRST APPEAL NO. 11571 of 2024 ============================================= THE ORIENTAL INSURANCE COMPANY LTD. Versus KANUJI NARANJI THAKOR & ORS. ============================================= Appearance: MR CHIRAYU A MEHTA(3256) for the Applicant(s) No. 1 ============================================= CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 03/07/2025 ORAL ORDER Order in Civil Application: Heard Mr. P.F. Divyeshwar, learned advocate has appeared on behalf of Mr.Chirayu Mehta, learned advocate for the applicant who is today reported to be on leave note. Looking to the limited prayer sought for in the present application, the present application is taken up for final hearing. 2. Present application seeking condonation of delay of 291 days caused in preferring restoration application of the main appeal. 3. Learned advocate has invited my attention to the averments made in the application and has submitted that this Court by order dated 1.4.2025 had granted time to remove the office objection in the main appeal, however because of the C/CA/3252/2025 ORDER DATED: 03/07/2025 unavoidable circumstances the affirmed copy of the separate application for condonation of delay could not be submitted within the stipulated time. Hence, the main appeal got dismissed for default. He has submitted that the affirmed copy of the condonation of delay has been received by the applicant and he assures this Court to submit the same before the Registry. He, therefore, urged this Court to condone the delay and to restore the main appeal to its original file. 4. Considering the aforesaid assurance of the learned advocate for the applicant , in light of the averments made in the application, the present application seeking condonation of delay caused in preferring the restoration application deserves consideration. Hence, delay of 291 days caused in preferring restoration application of the main appeal is hereby condoned. Present application stands disposed of. Order in Miscellaneous Civil Application: Considering the assurance given by the learned advocate for the applicant to cure the office objection within a period of one week from today, the application is allowed. The First Appeal is restored to its original file subject to removal of office objections within a period of one weeks from today. With this, present application stands disposed of. (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 03/07/2025 18:32:59