Srinivasan v. Balusamy
Case brief
What is this about?
The court condensed a 571-day delay in filing an appeal arising from a road accident injury. The condonation is contingent upon payment of Rs. 2,000/- to Kaakkum Karangal old age home within one week or the petition stands dismissed.
What did the court decide?
Delay of 571 days condoned on payment of Rs. 2,000/- to Kaakkum Karangal old age home within one week; otherwise petition stands dismissed automatically.
What the court decided
C . M.P.No.11080 of 2019 in C.M.A.No.SR.40053 of 2019
S. RAMATHILAGAM, J.
This petition is filed to condone the delay of 571 days in preferring the above said appeal.
2.The reason stated by the petitioner is that due to his grevious injury suffered in a road accident and he could not take any proper steps in time. Hence, the delay of 571 days occurred in preferring the appeal.
3.However, it is observed that the petitioner/claimant has withdrawn a portion of the amount.
4.Considering the contention of the learned counsel for the petitioner, the delay of 571 days is condoned on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to 'Kaakkum Karangal' (Old age Home) at No.212/54, Amman Kovil Street (near chicken market), Parrys, Chennai 600 001. [Cell No.9840068800/ 9840068889], within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.
03.07.2019
vkr
Issues for consideration
2 issues framed by the court
Whether condonation of delay in preferring an appeal can be granted on payment of costs in a case involving grievous injury from a road accident.
Whether the petitioner's partial withdrawal of claim affects the decision to condone the delay of 571 days.
Parties & counsel
- petitioner
S. Ramathilagam
- respondent
Kaakkum Karangal
Coram
S. RAMATHILAGAM
Case details
As recorded by the court registry
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