IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 3rd day of February 2023 / 14th Magha, 1944
CM.APPL.NO.1/2022 IN RFA NO. 263 OF 2022
OS 43/2017 OF II ADDITIONAL SUB COURT,ERNAKULAM
PETITIONER/APPELLANT:
DEEPTHI SIVAN, AGED 45 YEARS, WIFE OF SANJEEV SIVAN, 2A, SILVER
OAKS, GOLF LINKS, KOWDIAR, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN
- 695003.
RESPONDENT/RESPONDENT:
M/S. SUN TV NETWORK PVT. LTD., MURASOLI MARAN TOWERS, 73 M.R.C.
NAGAR MAIN ROAD, M.R.C. NAGAR, CHENNAI, PIN-600028, HAVING THEIR
REGIONAL OFFICE AT 2ND FLOOR, HEAVENLY PLAZA, CIVIL STATION ROAD,
VAZHAKKALA, THRIKKAKKARA P.O., ERNAKULAM DISTRICT KERALA, PIN -
682021 REPRESENTED BY THE MANAGING DIRECTOR.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 357 days in preferring this appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.GEORGE POONTHOTTAM (SR.), NISHA GEORGE, LUKE J CHIRAYIL, Advocates
for the petitioners and of M/S.NAGARAJ NARAYANAN, SAIJO HASSAN , BENOJ C
AUGUSTIN , RAFEEK. V.K. , U.M.HASSAN , AATHIRA SUNNY , BINCY JOB , NEEMA
NEERACKAL , AMBADI DINESH L.K. , SALMAN FARIS , KALLYANI G. MENON , K.S.
SANDEEP , KASTHURI J, Advocates for the respondents, the court passed the
following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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C.M.Appln. No.1 of 2022
in
R.F.A No.263 of 2022
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Dated this the 3rd day of February, 2023
O R D E R
A.Muhamed Mustaque, J This is an application filed to condone the delay of 357 days in filing this appeal. The respondent objected the condonation of delay citing that the judgment was rendered on 24.10.2018 and after obtaining the certified copy of the judgment the appeal ought to have been filed on 12.06.2019.
2. It is submitted that the delay involved in this matter was prior to Covid-19 and therefore, appellant is not entitled for condonation of delay.
3. The learned counsel for the appellant submits that the delay during Covid 19 period will have to be excluded while considering the C.M.Appln. No.1 of 2022 in R.F.A No.263 of 2022 ..2..
period of limitation and therefore, the delay calculated and mentioned in the affidavit filed in support of the delay condonation application is correct.
4. The learned counsel for the respondent submits that the delay involved is 1071 days.
Whatever that may be, after adverting to the objections, we are of the view that the delay can be condoned on payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the Kerala High Court Legal Services Committee. The cost shall be paid within a period of one week.
Sd/-
A.MUHAMED MUSTAQUE,JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE PR 03-02-2023 /True Copy/ Assistant Registrar