Vasu v. Thamizharasan
Case brief
What is this about?
Petitioner sought to condone 106-day delay in filing appeal to Consumer Court. Court allowed condonation dispensed notice to first respondent and granted interest waiver clause for delayed period.
What did the court decide?
Delay of 106 days in filing appeal condoned; notice to first respondent dispensed with; interest for 106 days not admissible if appeal succeeds.
What the court decided
CMP.No.21408 of 2023 in CMA.SR.No.119730 of 2023
M.DHANDAPANI, J.
This petition has been filed to condone the delay of 106 days in filing the above appeal.
- Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent. Though the name of the third respondent is printed in the cause list, there is no representation for the third respondent. In view of the endorsement made by the learned counsel appearing for the petitioners, notice to the first respondent is dispensed with.
- Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to order this petition.
- Accordingly this petition is allowed. Registry is directed to number the appeal, if it is otherwise in order and post the matter for admission.
- It is underscored that in the eventuality of the petitioners succeeding in the appeal to be taken on record, they would not be entitled to any interest for 106 days.
16.12.2024
ssb
Issues for consideration
2 issues framed by the court
Whether delay of 106 days in filing appeal is condonable?
Whether notice to first respondent is required given endorsement by petitioners' counsel?
Parties & counsel
- petitioner
Petitioner(s)
- respondent
First Respondent
- respondent
Second Respondent
- respondent
Third Respondent
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court