Kerala High Court
Deepthi Sivan vs M/S. Sun Tv Network Pvt. Ltd on 3 February, 2023
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.
----------------------------------------------
C.M.Appln. No.1 of 2022
in
R.F.A No.263 of 2022
----------------------------------------------
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
