This order condones a 407-day delay in filing a petition to restore an appeal (CMP No.4890 of 2020). The court holds that while the delay is excused, the appellant is not entitled to interest on the award amount for the delayed period.
Delay of 407 days in filing petition to restore appeal was condoned. No interest for the delayed period.
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CMP Nos.4890 of 2020 in CMA No.1324 of 2006
ABDUL QUDDHOSE,J.,
CMP No.4890 of 2020 The petition
is filed to condone the delay of 407 days in filing the petition to restore the appeal.
The learned counsel for the respondents have not raised any serious objection in allowing the petition. However, he submits that the appellant is not entitled for any interest for the delayed period.
Having satisfied with the reasons stated in the affidavit, filed in support of the petition, the delay is condoned and the petition is ordered.
However, it is made clear that the appellant is not entitled for any interest for the delayed period, in case the award amount is enhanced by this Court in the main appeal.
Registry is directed to number the
application, filed to restore the appeal, which was filed for default.
02.11.2021
sr/rgi
1 issue framed by the court
Whether to condone the delay of 407 days in filing a petition to restore an appeal.
ABDUL QUDDHOSE
As recorded by the court registry
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