NEW INDIA ASSURANCE COMPANY LTD.versusRAJGOR BIPINBHAI BALDEVBHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The delay of 147 days is condoned and the application for condonation of delay is allowed.
Summary
The applicant, New India Assurance Company Ltd., filed an application under Section 5 of the Limitation Act seeking condonation of a 147‑day delay in filing its first appeal. The applicant argued that the delay was due to genuine reasons and that the respondents had no objection to condonation. The court noted that the primary purpose of limitation statutes is to serve substantial justice and not to defeat substantive rights, and that there was no evidence of mala‑fide or dilatory intent. Citing the Supreme Court’s decision in N. Balakrishnan v. N. Krishnamurthy (1998) 7 SCC 123, the court adopted a liberal approach to "sufficient cause". Consequently, the court held that the delay was condoned and allowed the application.
Issues considered
- Whether a delay of 147 days in filing a first appeal can be condoned under Section 5 of the Limitation Act.
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
C/CA/5546/2025 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5546 of
2025
In F/FIRST APPEAL/32188/2025
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NEW INDIA ASSURANCE COMPANY LTD.
Versus
RAJGOR BIPINBHAI BALDEVBHAI & ORS.
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Appearance:
MS MASUMI V NANAVATY(9321) for the Applicant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Applicant(s) No. 1
NISHIT A BHALODI(9597) for the Respondent(s) No. 3,4
NOTICE SERVED for the Respondent(s) No. 1
NOTICE THROUGH SPEED POST SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2026
ORAL ORDER
This application is 4led under Section 5 of the Limitation
Act for condonation of delay of 147 days caused in 4ling the First
Appeal.
I have heard the learned advocate for the applicant.
It is submitted by the learned advocate for the applicant
that the applicant could not 4le the First Appeal in timely fashion
because of the reasons mentioned in the application and
therefore, has requested to condone the delay caused in 4ling
the First Appeal.
Though served, respondent No.1 has not appeared and
learned advocate Mr. Nishit Bhalodi is on sick note however,
learned advocate for the applicant has stated that leanred
advocate for the original claimants do not have any objection if
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C/CA/5546/2025 ORDER DATED: 13/02/2026
the application is allowed.
Considering the submissions made by the learned
advocates for the respective parties, the applicant has
mentioned su?cient cause for condonation of delay. The primary
function of the Court is to adjudicate the dispute between the
parties and to advance substantial justice. Rules of limitation are
not meant to destroy the rights of parties. The Court is aware of
the fact that denial to condone the delay would mean to dismiss
the First Appeal at threshold and there is no presumption that
the delay caused by the applicant is deliberate. In view thereof,
the words ‘su?cient cause’ under Section 5 of the Limitation Act
should receive a liberal consideration so as to advance
substantial justice. Even reason stated appears to be bona4de
and genuine. There is no smack of mala4de or dilatory tactics on
the part of the applicant. Further, it is apposite to refer to the
decision of the Hon’ble Apex Court in the case of N.
Balakrishnan v. N. Krishnamurthy reported in (1998) 7 SCC 123.
In view of the above, the delay of 147 days as explained in
memo of the application is condoned. The application is
accordingly allowed.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/02/2026 14:35:35
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