Parvathi v. Pandi
Case brief
What is this about?
Petition to condone 285 days' delay in filing a civil miscellaneous appeal against a Tribunal's compensation award. The court allowed the petition, directed numbering of the appeal, and barred interest on the delayed period if compensation is enhanced.
What did the court decide?
285 days' delay condoned; appeal to be numbered and listed for admission; no interest for the delayed period if compensation enhanced.
What the court decided
CMP No.27852 of 2023 in CMA SR No.151767 of 2023
N.ANAND VENKATESH.,J
The notice that was sent to the 1st respondent was returned with an endorsement “insufficient address. Mr. S.P. Chockalingam, learned counsel, takes notice for 3rd respondent. Notice to the 4th respondent is dispensed with, since he remained exparte before the Tribunal. Though notice was served on 2nd respondent, there is no appearance either in person or through counsel.
- This Civil Miscellaneous petition has been filed seeking to condone the delay of 285 days in filing the Civil Miscellaneous Appeal.
- Heard the learned counsel for the petitioners and the learned counsel for 3rd respondent and also carefully perused the records.
4 . Having satisfied with the reasons assigned in the affidavit filed in support of this petition, the miscellaneous petition is allowed and the delay of 285 days is condoned.
- Registry is directed to number the main Civil miscellaneous appeal, if it is otherwise in order and list the same for admission. When the matter is posted for admission, the name of learned counsel for 3rd respondent shall be printed in the causelist.
6 . It is made clear that for the period of delay of 285 days, the petitioners will not be entitled for any interest if in the event of this Court enhancing the amount of compensation fixed by the Tribunal.
Parties & counsel
- petitioner
Petitioners
- respondent
1st respondent
- respondent
2nd respondent
- respondent
3rd respondent
- respondent
4th respondent
Case details
As recorded by the court registry
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