THE NEW INDIA INSURANCE CO. LTD.versusSHAILENDRASINH SAMANTSINH RAMLAVAT
- Disposal
- 33-CA DISPOSED OF
- Bench
- HASMUKH D SUTHAR
Holding
The delay of 156 days is condoned, and the appeal may be filed.
Summary
The New India Insurance Co. Ltd. filed an application under Section 5 of the Limitation Act seeking condonation of a 156‑day delay in filing its appeal. The applicant explained the reasons for the delay in paragraph 3 of the application. The court heard arguments from the applicant’s counsel, Ms E. Shailaja, and considered the submissions of the opposite side. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge found that sufficient cause for the delay was established. Consequently, the application for condonation was allowed, permitting the appeal to proceed despite the lapse of the prescribed period.
Issues considered
- Whether a delay of 156 days in filing an appeal can be condoned under Section 5 of the Limitation Act
- Whether the applicant has shown sufficient cause to justify the delay
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
C/CA/463/2026 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 463 of
2026
In F/FIRST APPEAL/1417/2026
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THE NEW INDIA INSURANCE CO. LTD.
Versus
SHAILENDRASINH SAMANTSINH RAMLAVAT & ORS.
==========================================================
Appearance:
MS E.SHAILAJA(2671) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 30/01/2026
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 156 days caused in filing the the
appeal as the reason mentioned in paragraph No.3 of the
application.
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 156 days as explained
by the learned advocate for the applicant is considered. The
application is accordingly allowed.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 11:28:20
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