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2025 DAILYLAW 7680 (GUJ)

MAGMA GENERAL INSURANCE LTD. v. RAMBHIBEN BHIMABHAI DANGAR

CA/5622/2025 · 2025-12-24

Hasmukh D Suthar

body2025

Judgment text

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C/CA/5622/2025 ORDER DATED: 24/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5622 of 2025 In F/FIRST APPEAL/34607/2025 ========================================================== MAGMA GENERAL INSURANCE LTD. Versus RAMBHIBEN BHIMABHAI DANGAR & ORS. ========================================================== Appearance: MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4,5,6,8 REFUSED SERVED (N)(10) for the Respondent(s) No. 7 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/12/2025 ORAL ORDER 1) Heard learned counsel for the applicant. Though served, none appears for respondents. Respondent No.7 has refused the service of notice. 2) This application is led under Section 5 of the Limitation Act for condonation of delay of 318 days caused in ling First Appeal. 3) It is submitted by the learned advocate for the applicant that the applicant could not le application in timely fashion because of the reasons mentioned in the application and therefore, has requested to condone the delay caused in ling Appeal. 4) Considering the submissions made in the application, delay of 318 days as explained in memo of the application is condoned. The application is accordingly allowed. 5) Learned counsel for the applicant, on instructions, further states that the Insurance Company is ready and willing to deposit the entire awarded amount before the Tribunal and therefore, stay may be granted in Execution C/CA/5622/2025 ORDER DATED: 24/12/2025 Petitions pending before the Tribunal. 6) Considering the fact that the Insurance Company is ready and willing to deposit the entire awarded amount along with cost and interest, proceedings of Execution Petition/s arising out of Motor Accident Claim Petitions are hereby stayed, subject to deposit the awarded amount before the Tribunal. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 24/12/2025 14:31:25