Alphonse v. Thamimul Ansari
Case brief
What is this about?
This petition sought condonation of delay in presenting a Civil Miscellaneous Appeal. The court condoned the 174-day delay upon satisfaction of reasons, subject to the condition that the claimant/petitioner would not be entitled to any interest for the delayed period. Registry was directed to number and post the appeal for admission.
What did the court decide?
Delay of 174 days in appealing was condoned; petitioner was not entitled to interest for such period; Civil Miscellaneous Appeal printed and posted for admission.
What the court decided
A compact analysis
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C.M.P.No.422 of 2023 in C.M.A.SR.No.49654 of 2022
RMT.TEEKAA RAMAN, J.,
This Petition has been filed to condone the delay of 174 days in re-presenting the above appeal.
- 2.The notice has been served
- on both the parties.
- Having satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 174 days is condoned subject to the condition that the claimant/petitioner will not be entitled to any interest for the delay period i.e., for 174 days, in the appeal.
- Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and post the same for admission.
- Registry is further directed to print the name of the respondents counsel in the cause list, at the time of admission.
20.01.2023
nvi
Issues for consideration
2 issues framed by the court
Whether a delay of 174 days in re-presenting the Civil Miscellaneous Appeal can be condoned.
Whether interest should be granted for the delayed period.
Parties & counsel
- petitioner
Claimant/Petitioner
- respondent
Respondent
Coram
RMT TEEKAA RAMAN
Case details
As recorded by the court registry
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