IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1081 of 2010()
1. JAYENDRAN, S/O.MADHAVAN,
... Petitioner
Vs
1. CHANDRAN, S/O.GOVINDAN,
... Respondent
2. THE ORIENTAL INSURANCE CO.LTD.
For Petitioner :SRI.P.V.BABY
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :08/07/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.No.1363 OF 2010 in
M.A.C.A.No.1081 OF 2010
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Dated this the 8th 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 637 days in filing the appeal.
The impugned award was passed by the Tribunal on February 20, 2008. It
is admitted by the petitioner/appellant that copy of the award was received on
April 18, 2008. But according to him, he could not take steps to file the appeal
since he was not in a position to travel without the assistance of others due to
replacement of hip. Petitioner has not produced any other materials in support
of the above averment. We are afraid that on the face of the above sketchy
averments in the affidavit, the delay cannot be condoned. The so called
explanation is vague and unsatisfactory. 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.1081 OF 2010
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Dated this the 8th day of July 2010
JUDGMENT
Basheer, J.
In view of the dismissal of delay petition for condonation of delay, this
MACA is also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes