[2025:RJ-JP:21038] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4857/2009 Iffco-Tokio General Insurance Company Limited Through Manager, Katiwa Bhawan, Opp Ganpati Plaza, M.i. Road, Jaipur. ----Appellant Versus 1. Sitaram Saini S/o Jagdish Saini, R/o House No.- F/126, Jda Colony, Paldi Meena, Opp. Rajesh Coach, P.s. Kanota, Agra Road, Jaipur Raj. 2. Arun Kumar S/o Shri Ram Villas, R/o S-69, Shiv Marg, Sethi Colony, Jawahar Nagar, Jaipur. ----Respondents For Appellant(s) : Mr. Vimal Sharma For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 19/05/2025 1. Matter comes up on an application bearing No.31313/2009 filed by the applicant under Section 5 of the Limitation Act for condonation of delay of forty eight (48) days’ in filing the appeal. 2. Learned counsel for the applicant/appellant submits that the delay is of only forty eight days and explanation in this regard has already been given in para two (2) of the aforesaid application. Learned counsel further submits that the delay in filing the civil misc. appeal has been caused because after passing of the impugned judgment, company sought legal opinion from the concerned counsel for filing the appeal. [2025:RJ-JP:21038] (2 of 2) [CMA-4857/2009] 3. Considered the submissions made by learned counsel for the applicant/appellant and so also gone through the averments made in the application for condonation of delay. 4. In para two (2) of the application No.31313/2009, the applicant/appellant Insurance Company has given out the reasons of delay in filing the appeal, which reads as under: “2. That after passing the judgment dated 30.04.2009 the applicant Insurance Company take some legal opinion for filing the appeal, so the said appeal could not file with in limitation and the same is filed after a delay of some days.” 5. It is an application filed by the appellant-Insurance Company and such a vague explanation for delay in filing the appeal by the Insurance Company cannot be accepted. 6. No convincing reasons has been given by the Insurance Comapny for condonation of delay in filing the present appeal. Hence, the application No.31313/2009 filed under Section 5 of the Limitation Act for condonation delay in filing the appeal is dismissed. 7. As a result of dismissal of the application No.31313/2009 for condonation of delay, the present civil misc. appeal is also dismissed being time barred. 8. The stay application also stand disposed of. (GANESH RAM MEENA),J ARTI SHARMA /47