THE ORIENTAL INSURANCE COMPANY LTD v. JALAMSINH UDAYSINH CHAUHAN
CA/3961/2025 · 2025-09-25
Mool Chand Tyagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8527 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8527 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/CA/3961/2025 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3961 of 2025 In F/FIRST APPEAL NO. 17005 of 2025 ========================================================== THE ORIENTAL INSURANCE COMPANY LTD Versus JALAMSINH UDAYSINH CHAUHAN & ORS. ========================================================== Appearance:
MS KRUPALI BHATT, ADVOCATE FOR MR PALAK H THAKKAR(3455) for the Applicant(s) No. 1 MR. ABHISHEK N. MONAPARA(14070) for the Respondent(s) No. 1,2 MR.KEYUR JALDEEP SHAH(14552) for the Respondent(s) No. 1,2 NOTICE SERVED for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 25/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 64 days caused in preferring the appeal against the impugned judgment and award dated 09.12.2024 passed in M.A.C.P.No.200 of 2021 (Old No.709 of 2011).
2. Heard learned advocates for the parties.
3. Ms. Krupali Bhatt, learned advocate for Mr.Palak Thakkar, learned advocate for the applicant, submitted that the impugned judgment and award was pronounced on
09.12.2024. The Insurance Company applied for certified
C/CA/3961/2025 ORDER DATED: 25/09/2025 copies of the judgment and award on 27.12.2024, which were delivered on 27.12.2024. She further submitted that the Insurance Company sent the entire file to the Regional Office at Ahmedabad. She further submitted since considerable time is consumed in obtaining instructions from the head office of the applicant, there has been a delay of 64 days in preferring the present appeal. He further submitted the delay is neither intentional nor mala fide, but has occurred due to the reasons stated in Paragraph No.2 of the application.
4. Considering the fact that the delay has occurred owing to the transmission of the record from the branch office to the head office and in conveying the necessary instructions for briefing, in my view, the cause shown is sufficient to condone the delay. Hence, the delay of 64 days caused in preferring the appeal is hereby condoned. The present Civil Application stands allowed. There shall be no order as to costs.
(MOOL CHAND TYAGI, J) GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 03/10/2025 18:39:13