The Assistant Engineer vs Chandrika Plastic Industries on 16 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 336 of 2009()



1. THE ASSISTANT ENGINEER, K.S.E.B.
                      ...  Petitioner

                        Vs

1. CHANDRIKA PLASTIC INDUSTRIES
                       ...       Respondent

                For Petitioner  :SRI.C.K.KARUNAKARAN, SC FOR KSEB

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :16/02/2009

 O R D E R

J.B. Koshy,Ag.C.J. & V.Giri, J.

—————————————-
W.A.No. 336 of 2009 and
C.M.Appl.No.178 of 2009

—————————————-
Dated this the 16th day of February, 2009

Judgment

Koshy, Ag.C.J.

This is a petition to condone the long delay of 1031 days in

filing the appeal. The judgment was pronounced in open court on

6.3.2006. It is submitted that certified copy was applied only on

22.1.2007 and it was received on 26.10.2007. Review petition was filed

and it was disposed of on 20.11.2006. True copy of review order was also

not produced. Even though the certified copy of order in review petition

was obtained on 12.12.2006 as per the petitioner’s own averments, the

affidavit filed in support of the delay petition is dated 31.12.2008 and the

appeal is filed only on 11.2.2009. We are of the view that no satisfactory

reasons are stated for condoning the long delay of 1031 days in filing the

appeal. Hence, the delay condonation petition is dismissed.

Consequently, the appeal is also dismissed.

J.B.Koshy
Acting Chief Justice

V. Giri
Judge

vaa