IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2256 of 2010()
1. WILSON.A @ BINCY,S/O.ANTONY,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,K.S.R.T.C,
... Respondent
For Petitioner :SMT.CELINE JOSEPH
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.2925 of 2010 &
M.A.C.A.No.2256 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 578 days in filing the appeal.
2. The impugned award was passed by the Tribunal on October
15, 2008. But according to the petitioner/appellant, he was undergoing
Ayurvedic treatment on his right knee ,left wrist etc. from September 30,
2008 onwards. The doctor had advised him to take “bed rest till his disease
was completely cured”. Therefore, he could not personally go and make
any arrangements to apply for certified copy of the award. On April 4,
2010, he made arrangements to file an application to obtain a copy, which
was delivered on May 31, 2010. But it is seen that the appeal is filed only
on September 13, 2010. There is absolutely no explanation for the delay of
more than four months even after obtaining the certified copy; even if we
believe the version given by the petitioner for the delay in applying for the
copy.
MACA.No.2256/2010 2
Any how, the so called explanation offered for condonation of the
inordinate delay is not at all satisfactory. 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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