Sureshkumar Chaturbhai Patel vs Nathabhai Gigabhai Odedara
2021 Latest Caselaw 15456 Guj

        C/CA/1021/2020                               ORDER DATED: 01/10/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 1021 of 2020
                                     In
                      F/FIRST APPEAL NO. 42482 of 2019
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                           SURESHKUMAR CHATURBHAI PATEL
                                           Versus
                             NATHABHAI GIGABHAI ODEDARA
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Appearance:
MR TUSHAR L SHETH(3920) for the Applicant(s) No. 1
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 01/10/2021
                    ORAL ORDER

Heard learned advocate for the parties.

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 impugned judgment and award of the Tribunal. Mr. Palak Thakkar, learned advocate appearing for the Insurance Company submits that looking to the length of delay, the applicant may not be granted interest for the period of delay.

Mr. Tushar L. Sheth, learned advocate for the applicant submits that appropriate order may be passed.

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) Manoj