RELIANCE GENERAL INSURANCE CO LTDversusBHAVDIP SANJAYPURI GOSWAMI
- Disposal
- 33-CA DISPOSED OF
- Bench
- MOOL CHAND TYAGI
Holding
The delay of 62 days is condonable as the petitioner demonstrated sufficient cause, and the application for condonation is allowed.
Summary
The petitioners, Reliance General Insurance Co. Ltd., filed an application under Section 5 of the Limitation Act read with Section 173(1) of the Motor Vehicles Act seeking condonation of a 62‑day delay in preferring an appeal. The petition was filed by advocates Mr G.C. Mazmudar and Mr H.G. Mazmudar. The court noted that the prayer was limited and could be heard at the admission stage without notice to the respondents. Relying on the liberal approach endorsed in Collector, Land Acquisition, Anantnag v. MST Katiji & Ors., the judge considered the administrative reasons cited as sufficient cause. Consequently, the court allowed the application and granted condonation of the delay, without any order as to costs.
Issues considered
- Whether a delay of 62 days in filing an appeal under Section 5 of the Limitation Act and Section 173(1) of the Motor Vehicles Act can be condoned.
- Whether the administrative reasons advanced constitute sufficient cause for condonation of delay.
Legislation cited
- Limitation Acts. 5
- Motor Vehicles Acts. 173(1)
Subjects
Judgment
C/CA/3303/2026 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3303 of
2026
In F/FIRST APPEAL/20401/2026
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RELIANCE GENERAL INSURANCE CO LTD
Versus
BHAVDIP SANJAYPURI GOSWAMI & ORS.
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Applicant(s) No. 1
MR HG MAZMUDAR(1194) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 04/08/2026
ORAL ORDER
1. Draft amendment stands allowed. The same shall be
carried out forthwith.
2. Heard learned advocate for the applicant. Noticing the
limited prayer sought for in the present application, the same
is taken up for hearing at admission stage without issuance of
notice upon the respondents.
3. Present application is preferred under Section 5 of the
Limitation Act read with Section 173(1) of the Motor Vehicles
Act praying for condonation of delay of 62 days caused in
preferring the appeal.
4. Learned advocate for the applicant has relied upon the
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C/CA/3303/2026 ORDER DATED: 04/08/2026
reasons stated in the application and has submitted that
because of the administrative reasons, the appeal could not be
presented within the prescribed period of limitation. Learned
Counsel for the applicant has therefore, urged this Court to
take liberal view and condone the delay.
5. Considering the aforesaid submissions advanced by the
learned advocate for the applicant and in view of the law laid
down by the Hon’ble Apex Court in the case of Collector,
Land Acquisition, Anantnag & Anr. v. MST. Katiji & Ors.
[AIR 1987 SC 1353], and having regard to the grounds
pressed into service for condonation of delay, in my
considered view, constitutes su0icient cause to condone the
delay, hence, the present application deserves to be allowed
and is accordingly allowed. No order as to costs.
(MOOL CHAND TYAGI, J)
HS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HARSHIT SANCHETI(HCD0070), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/08/2026 18:08:24
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