The court condoned a delay of 364 days in filing an appeal against a Master's order, accepting a recovery suit as the context and imposing a conditional deposit.
Delay of 364 days in filing appeal condoned; conditional upon payment of Rs.10,000/- as costs by 22.04.2019.
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A.No.2480 of 2019 in CS No.940 of 2016
R.SUBRAMANIAN.J.,
This application has been filed seeking to condone the delay of 364
days in filing the Appeal against the order of the learned Master dated
22.03.2018.
the erstwhile counsel of the applicant, by name Mr.David, who was incharge of the case had left practice and he had not informed the
applicant about the non filing of the appeal.
affidavit, along with the typed set of papers has been filed to demonstrate that the said Mr.David appears in Courts even today. Copies of Cause lists have been produced before me to prove that Mr.David's name as appears
in the cause list even today.
one for recovery of a sum of Rs.31,00,000/- and the order of the Master imposes a condition that the applicant shall deposit almost the entire
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decree
R.SUBRAMANIAN.J.,
amount i.e. Rs.30,00,000/-, I deem it fit to condone the delay. Hence the delay is condoned, subject to the condition that the petitioner pays a sum of Rs.10,000/- as cost to the respondent's counsel by 22.04.2019.
1 issue framed by the court
Whether the delay of 364 days in filing an appeal should be condoned.
1 provisions across 1 enactments
applicant
respondents
R.SUBRAMANIAN.J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
