Malliga v. S. Karikalan
Case brief
What is this about?
The court condensed a delay of 3217 days in filing a Civil Miscellaneous Appeal on the condition that the appellant forfeits interest for that period and directed the registry to admit and number the appeal.
What did the court decide?
Delay of 3217 days condoned on condition of forfeiting interest; appeal numbered and posted for admission.
What the court decided
C.M.P.No.4905 of 2022 in C.M.A.SR.No.2902 of 2022
N.MALA,J,
This Petition has been filed to condone the delay of 3217 days in filing the above Civil Miscellaneous Appeal.
2.Though notice was served to the first respondent, none appears on his behalf.
3.The learned counsel for the second respondent/Insurance Company has filed a counter stating that the delay is enormous and not properly explained.
4.I have gone through the affidavit filed in support of the petition. In my view the delay can be condoned, subject to the condition that the petitioner forefeits the interest for the delay period of 3217 days.
5.Accordingly, the delay of 3217 days is condoned on condition that the petitioner shall not be entitled to interest for the period of 3217 days.
6.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 at the time of admission.
Accordingly, this CMP is ordered.
Issues for consideration
1 issue framed by the court
Whether the delay of 3217 days in filing the Civil Miscellaneous Appeal can be condoned.
Parties & counsel
- appellant
Petitioner
- respondent
First Respondent
- respondent
Second Respondent/Insurance Company
Coram
Case details
As recorded by the court registry
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