Back
2021 Supreme(Ker) 1218
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
S.P. Deepak S/o Sreenivasan – Petitioner
Versus
B. Govardhanan Nair S/o Bhaskara Pillai – Respondent
I.A. No. 1 of 2021, O.P. (RC) No. 49 of 2021, R.C. Rev. No. 23 of 2021
Decided On : 20-12-2021
Advocate Appeared:
For the Petitioners: Nagaraj Narayanan, Saijo Hassan, Benoj C. Augustin, U.M. Hassan, P. Parvathy, Aathira Sunny, Manas P. Hameed, Rafeek V.K.
For the Respondent: G. Sudheer.
Point of Law: Petitioner contend that as a result of an inadvertent omission on part of counsel, amount of cost could not be paid in time.
Headnote:
Order condoning delay - Amount of cost could not be paid in time - Application seeking for an order condoning delay of 10 days in remitting amount of cost and also fix a new date for appearance of parties - Petitioner contend that as a result of an inadvertent omission on part of counsel, amount of cost could not be paid in time.
Findings of the Court:
Petitioner contend that as a result of an inadvertent omission on part of counsel, amount of cost could not be paid in time - After a delay of 10 days, amount of cost of Rs. 20,000/- was paid - Annexure A1 is copy of bank receipt - Delay in making payment of cost of Rs. 20,000/- is condoned.
Result: Applications allowed.
ORDER :
I.A. No. 1 of 2021 in O.P. (RC) No. 49 of 2021
1. This interlocutory application was filed seeking for an order condoning the delay of 10 days in remitting the amount of cost and also fix a new date for the appearance of the parties before the Rent Control Court, Thiruvananthapuram.
I.A. No. 3 of 2021 in R.C. Rev. No. 23 of 2021
2. This interlocutory application was filed seeking an order for granting two weeks for production of Annexure 1 receipt, a copy of which has already been produced.
I.A. No. 1 of 2021 in O.P. (RC) No. 49 of 2021
I.A. No. 3 of 2021 in R.C. Rev. No. 23 of 2021
3. As per judgment/order dated 10.11.2021 this Court allowed O.P. (RC) No. 49 of 2021 and ordered to restore R.C.P. No. 11 of 2018 on the file of the Rent Control Court (Additional Munsiff-IV), Thiruvananthapuram by setting aside the order of the Rent Control Court in I.A. No. 952 of 2019 on payment of a cost of Rs. 20,000/-. In view of that, R.C. Rev. No. 23 of 2021 was closed. The petitioner was directed to pay cost within a period of two weeks. Both parties were directed to appear before the Rent Control Court on 29.11.2021.
4. The petitioner would contend that as a result of an inadvertent omission on the part of the counsel, the amount of cost could not be paid in time. However, after a delay of 10 days, amount of cost of Rs. 20,000/- was paid. Annexure A1 is the copy of the bank receipt.
5. Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respondents. The respondents have no objection.
6. Both the interlocutory applications are accordingly allowed. The delay in making payment of cost of Rs. 20,000/- is condoned. Both parties shall appear before the Rent Control Court, Thiruvananthapuram on 17.01.2022. The period of four months fixed for the disposal of the R.C.P. will be from the said date.
