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2026 DAILYLAW 6364 (GUJ)

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. v. AMARNATH DWARKA PRASAD

CA/5253/2025 · 2026-02-03

Hasmukh D Suthar

body2026

Judgment text

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C/CA/5253/2025 ORDER DATED: 03/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5253 of 2025 In F/FIRST APPEAL/30553/2025 ========================================================== BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Versus AMARNATH DWARKA PRASAD & ORS. ========================================================== Appearance: MASUMI V NANAVATY(9321) for the Applicant(s) No. 1 MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1,2,4,5,6 NOTICE UNSERVED for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/02/2026 ORAL ORDER 1. Heard learned advocates for the respective parties. Though served, none appears for respondent No.1, 2, 4, 5 and 6. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 42 days caused in filing the appeal. 3, Having heard the learned advocates for the respective parties and considering the averments made in this application, it appears that sufficient cause is made out to condone the delay and in view of the judgment passed by the Hon’ble Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 3222, therefore, the delay of 42 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed. (HASMUKH D. SUTHAR,J) ALI