Azeez K.B vs P.Pavithran on 12 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 88 of 2010()


1. AZEEZ K.B, S/O.BASHEER
                      ...  Petitioner

                        Vs



1. P.PAVITHRAN, MANAGING PARTNER
                       ...       Respondent

2. SATHEESAN, S/O.GOVINDANKUTTY MENON

3. THE MANAGER

4. THE MANAGER

                For Petitioner  :SMT.SADHANA KUMARI ESWARI

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :12/07/2010

 O R D E R
              A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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                       C.M.Appln.No.89 OF 2010 IN
                            M.A.C.A.No.88 OF 2010
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                      Dated this the 12th day of July, 2010

                                      ORDER

Basheer, J.

In this application filed under Section 5 of the Limitation Act, the

prayer is to condone the delay of 465 days in filing the appeal.

2. Admittedly, the impugned award was passed by the

Tribunal on July 16, 2008. It is also admitted by the petitioner that

certified copy of the award was obtained on August 28, 2008 itself.

But according to the petitioner, he had entrusted the copy of the award

to his friend in order to consult a lawyer in Ernakulam. But the friend

misplaced the certified copy and did not reveal this fact to the

petitioner. In fact, petitioner was told that arrangements had been made

already to file the appeal. Later, the friend traced out the copy of the

award in January 2010 and thereafter the petitioner contacted the

lawyer over telephone and met him on the next day at Ernakulam. It

was thereafter that the appeal has been filed.

Having perused the averments in the affidavit, we are not at all

satisfied with the so called explanation offered by the petitioner to

condone the inordinate delay. Therefore, the delay petition is

dismissed.

A.K.BASHEER, JUDGE

P.Q.BARKATH ALI, JUDGE

sv.

A.K.BASHEER & P.Q.BARKATH ALI, JJ.

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M.A.C.A.No.88 OF 2010

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Dated this the 12th day of July, 2010

JUDGMENT
Basheer, J.

In view of the dismissal of C.M.Appln.No.89 of 2010, this appeal is

dismissed.

A.K.BASHEER, JUDGE

P.Q.BARKATH ALI, JUDGE

sv.