This order condones a 63-day delay in filing appeals against a Master's order, accepting the applicants' explanation of unavailable copies and travel for a Section 138 NI Act case as a sufficient cause.
Delay in filing appeals is condoned; Registry directed to number and post appeals on 28.08.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.Nos. 5633 & 5637 of 2019
in E.P.Nos. 53 & 52 of 2016
A.Nos. 5633 & 5637 of 2019 in E.P.Nos. 53 & 52 of 2016
R.SUBRAMANIAN, J.
These applications have been filed seeking to condone the delay of 63
days in filing appeals against the order of the Master dated 13.12.2018 made in A.Nos. 5046 of 2016 in E.P.No. 52 of 2016 and A.No. 5047 of 2016 in E.P.No. 53
of 2016.
applications are that the applicants had applied for copies of the order and the copies were made ready on 01.02.2019 and the applicants were forced to travel to New Delhi for appearing in a case filed against them under Section 138 of N.I.Act and they returned only on 15.02.2018 and hence, the delay has occurred.
The counter affidavit filed by the respondent contending that the very applications as well as the appeals are filed only to delay the execution of an
award passed as early as on 05.11.2015. However, considering the length of the delay, I am of the considered opinion that the applicants made out a sufficient cause for condonation of delay. Hence, the delay is condoned.
1
A.Nos. 5633 & 5637 of 2019
in E.P.Nos. 53 & 52 of 2016
R.SUBRAMANIAN, J.
kkn
kkn
A.Nos. 5633 & 5637 of 2019
in
E.P.Nos. 53 & 52 of 2016
2
2 issues framed by the court
Whether the delay of 63 days in filing appeals should be condoned.
Whether sufficient cause exists to excuse the delay in filing the appeal.
Applicants
Respondent
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
