Maheshgiri Shantigiri Goswami vs Motibhai Pachanbhai Nadoda
2021 Latest Caselaw 17064 Guj

     C/CA/1513/2021                                  ORDER DATED: 28/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1513 of 2021

                      In F/FIRST APPEAL NO. 11580 of 2020

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                       MAHESHGIRI SHANTIGIRI GOSWAMI
                                   Versus
                        MOTIBHAI PACHANBHAI NADODA
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Appearance:
MR KK THAKKAR(2834) for the Applicant(s) No. 1,2,3
TATVDEEP J JANI(7227) for the Applicant(s) No. 1,2,3
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2,4,5
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 28/10/2021

                                 ORAL ORDER

Heard learned advocate for the applicants and learned advocate for the respondent No.3 insurance company. There is no appearance on behalf of other respondents though served.

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.

C/CA/1513/2021 ORDER DATED: 28/10/2021

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. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI