ORIENTAL INSURANCE CO. LTD.versusMINOR ANSHKUMAR KIRANBHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that the 30‑day delay is condoned as sufficient cause was demonstrated.
Summary
The Oriental Insurance Co. Ltd. filed an application under Section 5 of the Limitation Act seeking condonation of a 30‑day delay in filing its first appeal (No. 4660 of 2025). The delay was attributed to administrative approval and related reasons. The respondent, represented by Mr. N. A. Bhalodi, opposed the condonation. The Court examined the sufficiency of the cause and relied on the Supreme Court precedent in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 SC 3222) regarding condonation of delay. Finding that the applicant had shown sufficient cause, the Court allowed the application and directed the Registry to record the respondent’s counsel’s name. Consequently, the appeal may proceed despite the procedural lapse.
Issues considered
- Whether a delay of 30 days in filing an appeal can be condoned under Section 5 of the Limitation Act.
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
C/CA/1908/2025 ORDER DATED: 06/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
1908 of 2025
In F/FIRST APPEAL/4660/2025
============================================
ORIENTAL INSURANCE CO. LTD.
Versus
MINOR ANSHKUMAR KIRANBHAI & ORS.
============================================
Appearance:
MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1
NISHIT A BHALODI(9597) for the Respondent(s) No. 1,2,3
RULE UNSERVED for the Respondent(s) No. 4
UNSERVED EXPIRED (R) for the Respondent(s) No. 5
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/01/2026
ORAL ORDER
Heard learned Advocate Mr. N. A. Bhalodi, for the respondent
nos.1 to 3, other respondents are not affected parties.
This application is filed under Section 5 of the Limitation Act for
condonation of delay of 30 days caused in filing the captioned appeal
on the ground of administrative approval and other administrative
reasons.
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 30 days as explained
by the learned advocate for the applicant is considered. The application
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C/CA/1908/2025 ORDER DATED: 06/01/2026
is accordingly allowed.
The Registry is directed to reflect the name of learned Advocate
Mr. N. A. Bhalodi, for respondent nos.1 to 3, in First Appeal No.4660 of
2025.
(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 16:18:18
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