Minor Junas Gulamamad Dhodha Thru ... vs Jusab Ismail Meman
2021 Latest Caselaw 14125 Guj

    C/CA/2960/2019                             ORDER DATED: 15/09/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/CIVIL APPLICATION NO. 2960 of 2019
                 In F/FIRST APPEAL NO. 26839 of 2019
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    MINOR JUNAS GULAMAMAD DHODHA THRU GULAMAMAD JUMA DHODHA
                                      Versus
                             JUSAB ISMAIL MEMAN
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
SERVED BY AFFIX. (R)(67) for the Respondent(s) No. 2
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 1
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   CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                                 Date : 15/09/2021
                                  ORAL ORDER

Heard learned advocates for the respective parties.

Respondent No.1 is unversed, as he has expired.

Learned advocate for the applicant seeks permission to delete respondent No.1, as he was the driver of the offending vehicle. Permission as prayed for is gratned. Respondent No.1 is ordered to be deleted from the array of the respondents.

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

C/CA/2960/2019 ORDER DATED: 15/09/2021

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) ALI