Petitions filed seeking to condone a 977-day delay in filing appeals due to lack of funds for court fees caused by financial constraints and the pandemic. The court held the reasons justifiable.
Delays were condoned and appeals to be numbered and posted.
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C.M.P. Nos.10613, 10632 & 10646 of 2023 in A.S.SR.Nos. 36811, 36813 & 36810 of 2022
C.M.P. Nos.10613, 10632 & 10646 of 2023 in
A.S.SR.Nos. 36811, 36813 & 36810 of 2022
T.V. THAMILSELVI, J.
These petitions have been filed seeking to condone the delay of 977
days in filing the above appeals.
though the decree was passed on 27.09.2018, the respondents have not deposited the compensation amount. However, due to financial constraints followed by Covid pandemic, he has no means to pay court fee within a period of limitation. Hence, the appeals could not be filed in time. However, there is a delay of 977 days in filing the above appeals arose and the delay is neither willful nor negligent. Therefore, he filed these petitions to condone the delay in filing the above appeals.
respondent appeared and he has raised objection in allowing these petitions.
C.M.P. Nos.10613, 10632 & 10646 of 2023 in A.S.SR.Nos. 36811, 36813 & 36810 of 2022
reasons stated by the petitioners in the affidavit are justifiable one, this court is inclined to allow these petitions. Registry is directed to number the Appeals immediately if it is otherwise found to be in order and post the matters on 12.06.2023.
02.06.2023
rpp
C.M.P. Nos.10613, 10632 & 10646 of 2023 in A.S.SR.Nos. 36811, 36813 & 36810 of 2022
T.V.THAMILSELVI, J.
rpp
C.M.P.Nos.10613, 10632 & 10646 of 2023 in A.S.SR. Nos. 36811, 36813 & 36810 of 2022
02.06.2023
2 issues framed by the court
Whether the petitioner's delay in filing appeals, exceeding the limitation period, can be condoned due to non-deposit of compensation and financial constraints caused by the pandemic.
Whether the delayed filing of appeals constitutes willful or negligent conduct warranting dismissal.
Appellants
Respondents
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
