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2026 Supreme(Online)(Ker) 9587

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
RANGANATHAN. N – Appellant
Versus
AMMINI – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGE SEBASTIAN, SHRI.ANTONY THOMAS
For the Respondents: SRI.A.R.NIMOD, SRI.M.A.AUGUSTINE

Table of Content
1. challenge to order for delay in setting aside exparte award. (Para 1 , 2)
2. court conditions for granting opportunity to contest. (Para 3 , 4)
3. final ruling dependent on compliance with deposits. (Para 5)

JUDGMENT

The petitioner challenges Ext.P7 order rejecting his applications, namely I.A. No.1 of 2024 and I.A. No.2 of 2024 filed in O.P.(M.V.) No.855 of 2018, to condone the delay of eight months and five days in setting aside the exparte award passed on 29.04.2023. The petitioner had submitted before the trial Court that he came to know about the passing of the award only when he received the notice in the execution petition.

2. Applications were rejected by the Tribunal, stating that no documents support the plea of illness of the father of the petitioner, raised in the petition.

3. Upon admission of the original petition, an interim order was passed directing the petitioner to deposit an amount of Rs.50,000/- (Rupees fifty thousand only). It is submitted by both sides that the said amount was deposited, and a receipt is also produced.

4. The learned counsel for the petitioner submits that the vehicle was covered with valid insurance. Taking note of the fact that

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