Dajibhai Darshanbhai Nayak vs Manabhai Ramabhai Vankar
2021 Latest Caselaw 16539 Guj

    C/CA/4520/2019                                    ORDER DATED: 21/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 4520 of 2019

                     In F/FIRST APPEAL NO. 38713 of 2019

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                        DAJIBHAI DARSHANBHAI NAYAK
                                   Versus
                        MANABHAI RAMABHAI VANKAR
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
MS KARUNA V RAHEVAR(3818) 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 : 21/10/2021

                                 ORAL ORDER

Heard Mr.Bhalodi, learned advocate for the applicants and Ms. Rahevar, learned advocate for respondent No.3. There is no appearance on behalf of the respondent Nos.1 and 2, despite service of notice of Rule.

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.

Ms. Rahevar, 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.

C/CA/4520/2019 ORDER DATED: 21/10/2021

Mr. Bhalodi, learned advocate for the applicants 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) SURESH SOLANKI