IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2280 of 2010()
1. UNION OF INDIA OWING SOUTHERN RAILWAY,
... Petitioner
Vs
1. BIJU,S/O.PARAMESWARAN, CHIRANDOTH
... Respondent
2. SHANMUGHAN.K.N, S/O.NARAYANAN,
3. UNITED INSURANCE COMPANY LIMITED,
4. JOHNSON, S/O.ABRAHAM, CHAMAKKALAYIL
For Petitioner :SRI.JAMES KURIAN, SC, RAILWAYS
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :19/11/2010
O R D E R
A. K. BASHEER & P.Q. BARKATH ALI, JJ.
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C.M.Appln.No.2956 of 2010 &
M.A.C.A.No.2280 OF 2010
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Dated this the 19th 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 512 days in filing the appeal.
2. The impugned award was passed by the Tribunal on January 22,
2009. But according to the deponent, who is stated to be the Divisional
Railway Manager ( Works), Southern Railway, Thiruvananthapuram,
permission had to be obtained to file the appeal from the head quarters
situated at Chennai, through various departments like Law Branch, Accounts
branch and finally Principal Head of the Department/General Manager.
Thereafter, proposal had to be submitted before the “divisional accounts” for
arranging payment. According to the petitioner, the delay has occurred in the
above circumstances.
Having carefully perused the averments in the affidavit, we are not at all
satisfied with the so called explanation offered for condonation of the
inordinate delay. Therefore, the delay petition is dismissed. Consequently,
the appeal is also dismissed.
A.K. BASHEER, JUDGE
sv P.Q. BARKATH ALI, JUDGE
sv