Jaypalbhai Alias Jaydipbhai ... vs Pradhyumanbhai Bipinbhai Bariya ...
2021 Latest Caselaw 17306 Guj

      C/CA/78/2020                                 ORDER DATED: 16/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 78 of 2020
                     In F/FIRST APPEAL NO. 28415 of 2019

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             JAYPALBHAI ALIAS JAYDIPBHAI DILIPBHAI PATIL
                               Versus
              PRADHYUMANBHAI BIPINBHAI BARIYA (AHIR)
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Appearance:
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
MR KV GADHIA(319) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 16/11/2021
                               ORAL ORDER

1. Heard learned advocates for the contesting parties. There is no appearance on behalf of respondent No.1, though served.

2. The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail the impugned judgment and award of the Workmen Compensation Commissioner.

3. Learned advocate for the applicant submits that for the reasons stated in the application, the delay may be condoned.

4. Learned advocate for the Insurance Company submits that that if this Court is inclined to condone the delay, the interest for the period of delay may not be

C/CA/78/2020 ORDER DATED: 16/11/2021

allowed to the applicant.

5. Considering the averments made in this application, the delay is condoned. The question/issue of awarding interest for period of delay is kept open to be agitated at the time of hearing of the appeal. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) ALI