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2026 DAILYLAW 1690 (GUJ)

FIROZBHAI AMIBHAI GHANCHI v. TATA A.I.G INSURANCE COMPANY LTD,

SCA/8124/2026 · 2026-07-06

Nirzar S Desai

body2026

Judgment text

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C/SCA/8124/2026 ORDER DATED: 06/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8124 of 2026 ========================================================== FIROZBHAI AMIBHAI GHANCHI Versus TATA A.I.G INSURANCE COMPANY LTD, ========================================================== Appearance: MS KOMAL K TRIVEDI(12176) for the Petitioner(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/07/2026 ORDER 1. Learned advocate Mr. Kumar H. Trivedi, at the outset, submits that the petitioner has challenged the order dated 18.03.2026 passed by the State Consumer Disputes Redressal Commission in Miscellaneous Application No. 564 of 2025 before the wrong forum, i.e. this Court. He submits that, by the impugned order, the Commission has refused to condone the delay of 472 days in preferring the appeal and, therefore, the petitioner is required to approach the National Consumer Disputes Redressal Commission. 2. Under the instructions of the petitioner, learned advocate Mr. Kumar H. Trivedi seeks permission to withdraw the present petition with a view to approaching the National Consumer Disputes Redressal Commission. He, however, C/SCA/8124/2026 ORDER DATED: 06/07/2026 requests that this Court may observe that the petitioner had approached this Court under the bona fide impression that the present petition was maintainable before this Court and, therefore, had approached the wrong forum. He further submits that the National Commission may be permitted to consider the aforesaid aspect while dealing with the petitioner's application challenging the impugned order. 3. Needless to state that the petitioner has approached the wrong forum and, prima facie, it appears that the same was done under a bona fide act on the part of the petitioner. Therefore, if any proceedings are initiated before the appropriate forum, it will be open for the petitioner to place the aforesaid facts before such forum. The appropriate forum shall consider the same in accordance with law. 4. With the aforesaid observations, the petition is disposed of as withdrawn. It is clarified that this Court has not examined the merits of the matter. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 06/07/2026 17:51:42