(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Shelat, learned Counsel appearing for the respondent No.3 - the main contesting party and the original appellant, wavies service of notice of Rule.
Considering the facts and circumstances and in view of the grounds stated in the application for condonation of delay, liberal view deserves to be taken, reserving the right of respondent No.3 herein - original appellant to raise the contention for no liability of interest for the period of delay of 278 days in the event the cross objections are allowed by the Court when the First Appeal is simultaneously heard.
Hence, subject to the aforesaid clarification, delay is condoned. The application is allowed to the aforesaid extent. Rule made absolute accordingly. Office to place the cross objections for hearing on 23.7.2012.
(Jayant Patel, J.) (C. L. Soni, J.) vinod Top