IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2370 of 2010()
1. HARIDASAN, S/O.KARUNAKARAN,
... Petitioner
Vs
1. RAJAN, S/O.MADHAVAN,
... Respondent
2. ANILKUMAR, ROHINI, KULANGARA BHAGUM,
3. THE MANAGER, ORIENTAL INSURANCE
For Petitioner :SRI.S.SANAL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :25/11/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln. No.3079 OF 2010
& M.A.C.A.No.2370 OF 2010
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Dated this the 25th day of November, 2010
JUDGMENT
Basheer, J.
The prayer in this application filed under Section 5 of the
Limitation Act is to condone the delay of 604 days in filing the appeal.
2. The impugned award was passed by the Tribunal on
November 17, 2008. According to the petitioner/appellant, he had
made arrangements to file an appeal and the Clerk attached to his
counsel before the Tribunal had informed him that certified copy of the
award would be obtained only by the end of March 2009. Though
frequent enquiries were made by the petitioner, he did not get any
information from the Clerk. Thereafter, in May 2010, he contacted his
counsel, who informed him that his Clerk had left his office.
Immediately, arrangements were made to get the copy of the award.
3. The endorsements on the certified copy of the award would
show that copy application was filed only on July 24, 2010. Even if the
version of the petitioner that he had contacted his counsel in May 2010
MACA.No.2370/2010 2
is to be believed, there is no explanation why steps were not taken
immediately to apply for a copy. Still further, there is no explanation
why the petitioner waited till May 2010 to make enquiry about the
copy.
In any view of the matter, 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. Consequently, the
appeal is also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.2370/2010 2