UNITED INDIA INSURANCE COMPANY Vs. NARAYANBHAI JETHABHAI PATEL

JUDGEMENT

(1.) Heard the Mr.Nanavati, learned advocate for the applicant, Mr.Maulik Shelat, learned advocate for respondent no.2 and Mr.Darji, learned advocate for respondent no.5

(2.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 2112 days occurred in preferring the appeal.

(3.) Mr.Nanavati, learned advocate appearing for the applicant submits that after receiving certified copy of the judgment and award, the same was sent to the Divisional Office at Himmatnagar and the Divisional Office found that the vehicle bearing registration No.GJ-9 C-4970 was not insured with the applicant insurance company, while the correct registration number ought to have been GJ-9 C- 4470, as per the premium payment receipt. He further stated that it was instructed to take appropriate action and relevant documents were forwarded. He also states that thereafter learned advocate was instructed often to initiate the proceedings but he failed to respond and, there was no other alternative but to replace the panel advocate to prefer the proceedings before learned Tribunal. He also states that by communication dated