Gujarat High Court
Sheelaben Hareshbhai Soya vs Mineshbhai V Modi on 16 July, 2019
Author: K.M.Thaker
Bench: K.M.Thaker, V.P. Patel
C/FA/33627/2018 IA ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018 In F/FIRST APPEAL NO. 33627 of 2018 SHEELABEN HARESHBHAI SOYA Versus BHARATI AXA GENERAL INSURANCE CO. LTD. Appearance:
JENIL M SHAH for the PETITIONER(s) No. MR PRADEEP PATEL for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE V.P. PATEL Date : 16/07/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE V.P. PATEL)
1. The present Application is filed by the Applicant under Section 5 of the Limitation Act for condonation of delay of 47 days occurred in preferring the First Appeal.
2. Heard learned Advocate Mr. Jenil M. Shah for the Applicant.
3. The Applicant has stated the grounds in the Application more particularly in paragraphs 2 and 3 of the Application for delay caused in preferring the First Appeal.
4. Any affidavit controverting the application is not filed.Page 1 of 3 Downloaded on : Thu Jul 18 00:02:19 IST 2019
C/FA/33627/2018 IA ORDER
5. The Hon'ble Apex Court has laid down the broad guidelines with regard to the approach in such matters of condonation of delay.
5.1 The Hon'ble Apex Court in a judgment reported in (2010) 5 SCC 459 in case of Oriental Aroma Chemical Industries Ltd. v. Gujarat Industrial Development Corporation & Anr., wherein it has been observed:
".....the courts are bestowed with the power to condone the delay, if sufficient cause is shown. .......................... The expression 'sufficient cause' is elastic enough to enable the courts to apply the law in a meaningful manner which subserves the ends of justice. Although, no hard and fast rule can be laid down in dealing with the applications for condonation of delay, this Court has justifiably advocated adoption of a liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate. ..."
5.2 The Hon'ble Apex Court in a judgment reported in AIR 2010 SC 3043 in case of Balvant Singh (Dead) v. Jagdish Singh & Ors., has also considered the sufficient cause with the observation that it should be elastic enough to allow the party to have the recourse before the higher forum.
6. Considering the facts and circumstances and the averments made in the Application and also the grounds mentioned in the Application, the applicant has satisfied to this Court that she has sufficient cause for not preferring the Appeal within prescribed time limit. Therefore, the present Application deserves Page 2 of 3 Downloaded on : Thu Jul 18 00:02:19 IST 2019 C/FA/33627/2018 IA ORDER to be allowed.
7. Hence, the present Application is allowed. Delay of 47 days caused in preferring the First Appeal is condoned. Rule is made absolute.
Sd/-
(K.M.THAKER, J) Sd/-
(V. P. PATEL,J) SURESH SOLANKI Page 3 of 3 Downloaded on : Thu Jul 18 00:02:19 IST 2019