Gowthaman v. Jeevanandham
Case brief
What is this about?
The court granted a prayer for condonation of delay in filing an appeal, accepting the reasons but imposing a cost of Rs. 10,000 per petitioner if paid within three weeks, otherwise dismissing the petition.
What did the court decide?
Condonation granted subject to payment of Rs. 20,000 as costs by all petitioners within three weeks.
What the court decided
C.M.P. No.26947 of 2023 in O.S.A. (CAD) SR. No.101441 of 2021
C.M.P. No.26947 of 2023 in O.S.A. (CAD) SR. No.101441 of 2021
M.SUNDAR,J., and
K.GOVINDARAJAN THILAKAVADI, J.,
(Order of the Court was made by M.SUNDAR, J.)
Captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity) has been filed with a 'Condonation of Delay' (CoD) prayer qua 1371 days delay in filing the captioned appeal being O.S.A. (CAD) SR. No.101441 of 2021.
- Mr.S.S.Rajesh, learned counsel on record for the CMP petitioner drew our attention to paragraphs 4 and 5 of the support affidavit which read as follows:
'4. I submit that, in the meanwhile, the above Appeal was returned on 17.11.2021. We had represented the same on 26.09.2021. It was subsequently returned for complying with certain defects on 26.01.2022 and the same was represented on 31.01.2022. Thereafter, the Registry had returned the Appeal on 04.04.2022 for filing of the aforesaid judgment and decree. As stated supra, I had obtained the certified copies on 24.08.2022, but however, due to certain personal reasons, I was unable to contact my advocate and instruct regarding further proceeding with the case. I had subsequently represented the same on 02.02.2023. There is delay of
Issues for consideration
2 issues framed by the court
Whether to condone a delay of 1371 days in filing an appeal.
Whether costs should be imposed for condoning the delay.
Parties & counsel
- petitioner
S.S. Rajesh
- respondent
Blue Cross of India
- respondent
Respondent 1
Coram
Case details
As recorded by the court registry
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