K.Sampath v. K.Nivedini

in C.M.A.Sr.No.71643 of 2021 P.T.ASHA, J., The above petition is filed to condone the delay of 1397 days in preferring the appeal. Notice was ordered by this Court on 21.09.2021. The Court notice as well as private notice have been served on the respondents. The contesting respondent is New India Insurance Company Limited. Though they have been served none have entered appearance on their behalf.

2. The appellant has given adequate reasons for the delay in preferring the appeal in paragraph nos.5 and 6 of the affidavit, wherein one of the reasons is that the counsel who was attending the case before the Trial Court had died of Cancer in the year 2018 and it took some time for the appellant to get back the papers since the deceased counsel's wife was unable to trace the same.

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3. Adequate reasons have been given for condoning the delay. Accordingly, the delay is condoned. However, the appellant will not be entitled to any interest for the delayed period.

4. The Registry is directed to number the appeal. 04.07.2022 kan 2/3

P.T.ASHA, J., kan 04.07.2022 3/3