Patel Ashaben Wd/O Patel ... vs Dharmeshkumar Vishnubhai Patel
2021 Latest Caselaw 16854 Guj

     C/CA/629/2020                                ORDER DATED: 26/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 629 of 2020

                     In F/FIRST APPEAL NO. 1544 of 2020

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        PATEL ASHABEN WD/O PATEL DINESHBHAI LILACHAND
                            Versus
               DHARMESHKUMAR VISHNUBHAI PATEL
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,2,3,4
MR SUNIL B PARIKH(582) for the Respondent(s) No. 2
NOTICE SERVED(4) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 26/10/2021

                                ORAL ORDER

Heard learned advocate for the applicants and learned advocate for the respondent No. 2 insurance company.

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 applicant may not be granted interest for the period of delay.

Learned advocate for the applicant submits that appropriate order may be passed.

C/CA/629/2020 ORDER DATED: 26/10/2021

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.

(A.G.URAIZEE, J) SURESH SOLANKI