IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3244 of 2009()
1. ANILKUMAR, CHEMPAKASSERIL KIZHAKKATHIL,
... Petitioner
Vs
1. V.ABDUL LATHEEF,
... Respondent
2. BRAHMAN, GANAPATHIVILASAM,
3. THE BRANCH MANAGER,
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :05/04/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.3244 OF 2009 &
C.M.Appln.No.3854 of 2009
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Dated this the 5th day of April, 2010
JUDGMENT
Basheer, J.
In this application filed under Section 5 of the Limitation Act, the
prayer is to condone the delay of 584 days in filing the appeal.
2. It is averred by the petitioner in the affidavit filed in
support of the application that he was told by the clerk attached to the
office of his counsel that he would be informed as soon as the copy of
the award was received.
3. After the receipt of the copy, he came to know that his
claim petition was dismissed. His Advocate directed his clerk to
entrust the case to a lawyer in the High Court for filing the appeal. But
according to the petitioner as the case bundle was misplaced by the
Clerk, he could not take steps in this regard. The case bundle was
traced out only on October 14, 2009. Thus there occurred the delay of
584 days.
4. It may be noticed that the award was passed on October 31,
MACA.No.3244/2009 2
2007. The appeal is filed with the free copy of the award furnished by
the Tribunal which is seen to have been delivered to the appellant on
February 15, 2008.
We have carefully perused the affidavit. We are not at all
satisfied with the so called explanation offered by the petitioner. More
importantly, the Clerk because of whose lapse the delay has occurred,
has not even bothered to file an affidavit. The averments in the
affidavit are totally vague, unconvincing and unsatisfactory. Therefore,
the delay petition is dismissed. Consequently, the Appeal is also
dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.3244/2009 2
MACA.No.3244/2009 2