IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1284 of 2010()
1. C.K.GOVINDAN NAMBIAR,
... Petitioner
Vs
1. D.GEORGE KATTIL, S/O.KATTIL,
... Respondent
2. V.VIJAYAKUMAR, S/O.VASUDEVAN,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :23/07/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1284 OF 2010
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Dated this the 23rd 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 397 days in filing the appeal.
2. The impugned award was passed by the Tribunal on August 30, 2008. It
is seen admitted by the petitioner/appellant that the copy of the award was
received on February 4, 2009. But according to the appellant/deponent, he was
in financial crisis at that time and was not able to continue his real estate
business because of that reason. However, in the last week of January 2010 he
came from Chennai and met his counsel. His son-in-law informed him that he will
also take a second opinion about the feasibility of filing an appeal. In the second
week of April, his son-in-law met the counsel and obtained the copy of the award.
It is thereafter that the appeal has been filed on June 1, 2010.
Having carefully perused the averments in the affidavit, we are not at all
satisfied with the 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
jes
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1284 OF 2010
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Dated this the 23rd day of July 2010
JUDGMENT
Basheer, J.
In view of the dismissal of petition for condonation of delay, this MACA is
also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes