Kiranba Hitendrasinh Jadeja vs Rambhai Najabhai Davera
2021 Latest Caselaw 14393 Guj

     C/CA/1013/2020                                 ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1013 of 2020

                      In F/FIRST APPEAL NO. 42238 of 2019

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                        KIRANBA HITENDRASINH JADEJA
                                   Versus
                          RAMBHAI NAJABHAI DAVERA
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3,4
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
RULE SERVED(64) for the Respondent(s) No. 1,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 17/09/2021

                                 ORAL ORDER

Heard Mr. Hemal Shah, learned advocate for the applicants and Mr. Vibhuti Nanavati, learned advocate for respondent No.2. There is no appearance on behalf of the respondent Nos.1, 3, 4 and 5, 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.

Mr. Vibhuti Nanavati, 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.

Mr. Mr. Hemal Shah, learned advocate for the applicants submit that appropriate order may be passed.

C/CA/1013/2020 ORDER DATED: 17/09/2021

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