BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED v. DHARAMSINH AMARSINH VASAVA
CA/4493/2025 · 2025-09-08
Nisha M Thakore
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5874 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5874 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/CA/4493/2025 ORDER DATED: 08/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4493 of 2025 In F/FIRST APPEAL NO. 26395 of 2025 ============================================= BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Versus DHARAMSINH AMARSINH VASAVA & ORS. ============================================= Appearance: MASUMI V NANAVATY(9321) for the Applicant(s) No. 1 MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1 ============================================= CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 08/09/2025 ORAL ORDER
1. Heard learned advocate for the applicant. Noticing the limited prayer sought for in the present application, the present application is taken up for hearing at admission stage without issuance of notice upon 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 41 days caused in preferring the appeal.
3. Learned advocate for the applicant- Insurance Company has mainly relied upon the relevant dates referred to in para 3 of 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.
4. Considering the aforesaid explanation offered by the
C/CA/4493/2025 ORDER DATED: 08/09/2025 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 41 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 18:36:25