Babu (Borrower) v. M/S.Mahindra And Mahindra

A.No.4414 of 2016 in O.P.No.D20224 of 2016 RAJIV SHAKDHER,J.

1. This is an application seeking condonation of delay. The period of delay is 28 days.

2. It is averred by the applicants/petitioners that the award dated 30.01.2016 was received by the applicants/petitioners only on 11.02.2016.

3. To be noted, the accompanying petition, which assails the award was filed on 09.06.2016. Therefore, it is stated that, since, the petition was filed on 09.06.2016, there is a delay of 28 days.

4. In the affidavit accompanying the application, it is further averred that petitioner No.1 works as a Plumber, while petitioner No.2 is working as a Cab driver. It is submitted that, by mistake, the copies of the awards received by the petitioners were mistakenly taken away by another driver and hence, misplaced. The petitioners state that, since, the copies of the awards were located by petitioner No.2 only on 03.06.2016, there was a delay in filing the accompanying petition.

5. Mr.Atchutanandhan, who appears for respondent No.1, i.e., the contesting respondent, says that he does not wish to file a reply.

RAJIV SHAKDHER,J.

6. Therefore, there is, on record, no traverse to the assertions made by the applicants/petitioners, in the affidavit accompanying the captioned application.

7. In these circumstances, the application is allowed and the delay is condoned.

8. Registry is, thus, directed to register the accompanying petition and have the same placed before the Court for appropriate orders. sl 17.10.2016 A.No.4414 of 2016 in O.P.No.D20224 of 2016