Naynaben Vijaybhai Rathod vs Salim Kallu Kureshi
2022 Latest Caselaw 3706 Guj

     C/CA/399/2022                          ORDER DATED: 29/03/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL APPLICATION NO. 399 of 2022
                             In
            F/CROSS OBJECTION NO. 15965 of 2019

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               NAYNABEN VIJAYBHAI RATHOD
                           Versus
                   SALIM KALLU KURESHI
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 1,2
MR R G DWIVEDI(6601) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                      Date : 29/03/2022
                            ORAL ORDER

1. This application is filed praying for condonation of 553 days delay caused in filing the cross-objections as aforesaid. Mr. Nishit A. Bhalodi, learned advocate for the applicants submitted that the applicants are ready to forego the interest for 553 days, if at all their cross objections are allowed and compensation is enhanced by this Court. He has further submitted that the applicants would file undertaking to that effect before this Court.

2. Considering the fact that in an appeal against the impugned judgment and award, a notice for final disposal is issued, when this Court is going to examine the impugned judgment and award at the instance of the Insurance Company, aforesaid cross-objections filed by the original claimants are required to be examined along with the appeal preferred by the Insurance Company. Therefore, considering

C/CA/399/2022 ORDER DATED: 29/03/2022

the explanation offered in the application as also when claimants are ready to forego the interest for at least 553 days, if at all their cross-objections are allowed, I deem it fit to condone the delay of 553 days caused in preferring aforesaid cross-objections.

3. Hence, delay of 553 days caused in preferring the aforesaid cross-objections is hereby condoned.

Undertaking as aforesaid by the claimants to be filed before this Court within a period of 2 weeks hereof.

This civil application stands disposed of.

(UMESH A. TRIVEDI, J.) Raj