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2025 DAILYLAW 4342 (GUJ)

ORIENTAL INSURANCE CO. LTD. v. KALIBEN MASARIBHAI AAHIR

CA/3526/2025 · 2025-08-05

A Y Kogje, N S Sanjay Gowda

body2025

Judgment text

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C/CA/3526/2025 ORDER DATED: 05/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3526 of 2025 In F/FIRST APPEAL NO. 19618 of 2025 ======================================================================= ORIENTAL INSURANCE CO. LTD. Versus KALIBEN MASARIBHAI AAHIR & ORS. ======================================================================= Appearance: MR VC THOMAS(5476) for the Applicant(s) No. 1 RULE NOT RECD BACK for the Respondent(s) No. 1,2,4,5 ======================================================================= CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 05/08/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) 1. This application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 29 days in preferring the appeal against judgment and award dated 12.02.2025 passed by the Mother Accident Claims Tribunal (Aux.), Kheda at Nadiad in MACP No.460 of 2016. 2. Rule was issued on 08.07.2025 returnable on 05.08.2025. The office remarks show that that Rule is not received back so far. 3. Learned advocate has drawn attention of this Court to the contents of paras-4 to 6 of the application and submitted that the delay has occurred on account of administrative procedure and the same may kindly be condoned. C/CA/3526/2025 ORDER DATED: 05/08/2025 4. Considering the aforesaid, particularly, period of 29 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate. 5. Considering the submissions and the contents of the application mentioned hereinabove, the delay is also explained sufficiently. 6. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term “Sufficient Cause” was interpreted and the approach of Courts while deciding application for condonation of delay was discussed. 7. In view of the aforesaid, the application is allowed. The delay of 29 is hereby condoned. Rule is made absolute. 8. Registry is directed to list the main appeal in due course. (A.Y. KOGJE, J) (NSSG,J) SHITOLE Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MANISH PARSHURAM SHITOLE(HC00188), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/08/2025 14:39:04