In F/FIRST APPEAL NO. 40596 of 2019 ========================================================== THE ORIENTAL INSURANCE COMPANY LTD. Versus L.H. OF DECD. KANUBHAI MAHIPATRAM PANDYA ========================================================== Appearance: MR HARDIK P MEHTA(6943) for the Applicant(s) No. 1 DECEASED LITIGANT(100) for the Respondent(s) No. 1 KUMAR H TRIVEDI(9364) for the Respondent(s) No. 1.1,1.2,1.3 MR PALAK H THAKKAR(3455) for the Respondent(s) No. 4 NOTICE SERVED(4) for the Respondent(s) No. 2,3,5,6 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI Date : 18/11/2021 ORAL ORDER
1. Rule. Mr. Palak H. Thakkar, learned advocate
waives service of notice of Rule for respondent No.4.
2. This application is filed under Section 5 of the
Limitation Act, 1963, for condonation of delay of 246 days caused in filing the First Appeal.
3. I have considered the averments made in this
application. The applicant has shown sufficient cause for not filing the appeal within limitation period. Thus, in the facts and circumstances of the present case, I am inclined to consider the case of the applicant.
4. The application is allowed. Delay of 246 days
caused in filing the First Appeal is hereby condoned. Rule is made absolute accordingly.