B. SHIVANANDAIAH S/O BORAIAH Vs. THE ASSISTANT ENGINEER (V) NO. 1, KVM MAJOR WORKS LINE SUB-DIVN., TUMKUR SUB-DIVN., TUMKUR DISTRICT AND THE CHAIRMAN KARNATAKA POWER TRANSMISSION COMPANY LIMITED, KAVERI BHAVAN BANGALORE-560001

JUDGEMENT

(1.) REVISION is directed against the order passed by the district judge in an action under Section 16 of the Indian Telegraph Act, 1885, (hereinafter referred to as the Act, for brevity). The petition is posted to hear on the application seeking condonation of delay (I.A.I/11) of 128 days in filing the petition.

(2.) ALTHOUGH the circumstances narrated in the affidavit accompanying the application do not constitute sufficient cause, to give one more opportunity to the petitioner and as the dispute relates to payment of compensation, the delay of 128 days is allowed. I.A.I/11 is accordingly allowed.

(3.) MY attention is drawn to sub -section (5) of Section 16 of the said enactment which adumbrates 'Every determination of a dispute by a district judge under subsection (3) or sub -section (4) shall be final.