High Court of Gujarat

THE NEW INDIA ASSURANCE COMPANY LTD.versusMAHENDRASINH BABBHA CHUDASAMA

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The delay of 39 days is condoned under Section 5 of the Limitation Act.

Summary

The New India Assurance Company Ltd. filed a Miscellaneous Civil Application seeking condonation of a 39‑day delay in filing, citing administrative approvals as the cause. The first appeal had been dismissed for default due to non‑removal of office objections, prompting a motion for restoration. The application was made under Section 5 of the Limitation Act. The court, after hearing counsel, found that sufficient cause was shown and relied on the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy. Consequently, the court allowed the condonation of delay.

Issues considered

Whether a delay of 39 days in filing a Miscellaneous Civil Application can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5restoration of appealadministrative delay

Judgment

        C/CA/6128/2025                                                             ORDER DATED: 06/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6128
                         of 2025

                   In F/MISC. CIVIL APPLICATION/31732/2025
                         In F/FIRST APPEAL/17901/2025

==============================================
             THE NEW INDIA ASSURANCE COMPANY LTD.
                             Versus
            MAHENDRASINH BABBHA CHUDASAMA & ORS.
==============================================
Appearance:
MR NAGESH C SOOD(1928) for the Applicant(s) No. 1
==============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 06/01/2026
                                              ORAL ORDER

1.        Heard learned advocate for the applicant.

2.        This application is filed under Section 5 of the Limitation Act for

condonation of delay of 39 days caused in filing the captioned Misc. Civil

Application          on      the      ground         of     administrative             approval          and       other

administrative reasons. The captioned First Appeal was dismissed for

default for non removal of office objections and hence the MCA for

restoration was filed with the present application for condonation of delay.

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 SUPREME

COURT 3222, therefore, the delay of 39 days as explained by the

learned advocate for the applicant is considered. The application is

accordingly allowed.


                                                                             (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 06/01/2026 16:12:34




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