High Court of Gujarat

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusAMARNATH DWARKA PRASAD

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

Holding

The 42‑day delay is condoned as sufficient cause is shown under Section 5 of the Limitation Act.

Summary

The plaintiff, Bajaj Allianz General Insurance Co. Ltd., filed an application under Section 5 of the Limitation Act seeking condonation of a 42‑day delay in filing its appeal. The respondents were served but did not appear before the court. The court examined the explanations offered by the plaintiff’s counsel and assessed whether sufficient cause existed for the delay. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the bench found the cause satisfactory. Consequently, the court held that the delay could be condoned. The application for condonation was therefore allowed.

Issues considered

Whether a delay of 42 days in filing an appeal can be condoned under Section 5 of the Limitation Act
Whether the plaintiff has shown sufficient cause for the delay

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5appealcivil procedure

Judgment

         C/CA/5253/2025                                                 ORDER DATED: 03/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5253 of
                                   2025
                      In F/FIRST APPEAL/30553/2025
  ==========================================================
                   BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
                                     Versus
                       AMARNATH DWARKA PRASAD & ORS.
  ==========================================================
  Appearance:
  MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
  MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
  NOTICE SERVED for the Respondent(s) No. 1,2,4,5,6
  NOTICE UNSERVED for the Respondent(s) No. 3
  ==========================================================
    CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                         Date : 03/02/2026
                                          ORAL ORDER


  1.       Heard learned advocates for the respective parties. Though
  served, none appears for respondent No.1, 2, 4, 5 and 6.


  2.       This application is filed under Section 5 of the Limitation
  Act for condonation of delay of 42 days caused in filing the
  appeal.


  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 42 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 03/02/2026 14:20:19


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