Laduben W/O Valjibhai Mohanbhai ... vs Hemantkumar Bhagwatilalji ...
2021 Latest Caselaw 14548 Guj

     C/CA/648/2021                                 ORDER DATED: 20/09/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 648 of 2021

                     In F/FIRST APPEAL NO. 21277 of 2020

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              LADUBEN W/O VALJIBHAI MOHANBHAI JADAV
                              Versus
               HEMANTKUMAR BHAGWATILALJI SISODIYA
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Appearance:
MR KV SHELAT(834) for the Applicant(s) No. 1,2,3,4,5,6,7
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 2
RULE UNSERVED(68) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                              Date : 20/09/2021

                                ORAL ORDER

Heard Mr.K.V. Shelat, learned advocate for the applicants and Mr.Vibhuti Nanavati, learned advocate for respondent No.2. There is no appearance on behalf of the respondent No.1, 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 applicants may not be granted interest for the period of delay.

Mr.K.V. Shelat, learned advocate for the applicants submits that appropriate order may be passed.

Considering the averments made in this application,

C/CA/648/2021 ORDER DATED: 20/09/2021

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