Bipinbhai Shukkarbhai Alias ... vs Daudbhai Laljibhai Gamit
2021 Latest Caselaw 15929 Guj

     C/CA/4532/2019                                  ORDER DATED: 08/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 4532 of 2019

                      In F/FIRST APPEAL NO. 33711 of 2019

==========================================================
    BIPINBHAI SHUKKARBHAI ALIAS SHUKARIYABHAI CHAUDHARY
                            Versus
                   DAUDBHAI LALJIBHAI GAMIT
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
MR. RAHUL R DHOLAKIA(6765) for the Respondent(s) No. 4
RULE NOT RECD BACK(63) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 3
RULE UNSERVED(68) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 08/10/2021

                                 ORAL ORDER

Heard learned advocate for the applicants and learned advocate for the respondent No.4. Presence of other respondents is not necessary for the purpose of disposal for present application, as the proposed appeal is on the question of quantum.

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.

Learned advocate appearing for the Insurance Company submits that looking to the length of delay, the applicants may not be granted interest for the period of delay.

C/CA/4532/2019 ORDER DATED: 08/10/2021

Learned advocate for the applicants submit 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 by respondent No. 3 at the time of hearing of the appeal.

The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI