High Court Kerala High Court

Manivel vs Babu on 19 November, 2010

Kerala High Court
Manivel vs Babu on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2295 of 2010()



1. MANIVEL
                      ...  Petitioner

                        Vs

1. BABU
                       ...       Respondent

                For Petitioner  :SRI.GEORGE MATHEW

                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.
            ----------------------------------------------------------
                      C.M.Appln.No.2991 of 2010 &
                        M.A.C.A.No.2295 OF 2010
             ---------------------------------------------------------
                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 396 days in filing the appeal.

2. The impugned award was passed by the Tribunal on April

26, 2007. But according to the petitioner/appellant, he could not file

the appeal since there was nobody to help him. More over, the other

appellants were employed in Tamil Nadu.

Having carefully perused the averments in the affidavit, we are

not at all satisfied with the so called explanation ( if we can call it so)

offered for condonation of the inordinate delay. Therefore, the delay

petition is dismissed. Consequently, the appeal is also dismissed.

A.K. BASHEER, JUDGE

P.Q. BARKATH ALI, JUDGE
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