Lakshmi v. K.Saravanan
Case brief
What is this about?
Single judge court allowed the petition for condonation of 111-day delay in filing an appeal by parents of a deceased, ordering the delay period excluded for interest computation, and directed exchange of documents for the hearing.
What did the court decide?
Petition allowed; delay condoned and excluded for interest calculation; papers to be exchanged.
What the court decided
C.M.P. No.17023 of 2019 in C.M.A. SR. No.99943 of 2019
T.RAJA, J.
Learned counsel appearing for the petitioners submitted that the
claimants, who are the parents of the deceased, have filed this petition for
condoning the delay of 111 days in filing the above appeal. After the death of their son, no one could take care of them and therefore, the delay has occurred.
2.Learned counsel appearing for the Insurance Company submitted
that the delay period may be excluded for the purpose of computing the interest since the delay has occurred only because of the petitioners/ claimants.
- 3.In view of the same, the petition stands allowed. It is made clear
- that the delay period shall be excluded for the purpose of computing the
interest.
Issues for consideration
2 issues framed by the court
Whether condonation of delay is necessary for filing the appeal.
Whether the delay period should be excluded for computing interest.
Parties & counsel
- petitioner
Petitioner
- respondent
Insurance Company
Coram
T.RAJA
Case details
As recorded by the court registry
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