BAIJU Vs. MUHANUDHEEN ALIBIN IRSHADH AND OTHERS

JUDGEMENT

(1.) This original petition is filed seeking to set aside Exhibit P7 order in I.A.No.4026 of 2015 dated 7.10.2012 and to allow the said I.A. It is submitted that the petitioner is the claimant in O.P.(M.V)No.822 of 2014 on the file of the Principal Motor Accident Claims Tribunal, Kozhikode and the respondents herein are the respondents in the claim petition. The petitioner had failed to pay the process and hence the claim petition was dismissed on 29.11.2014. The petitioner has preferred Exhibits P1 and P2 applications to restore the claim petition as also to condone the delay in filing the application for restoration. The applications were allowed on payment of cost of Rs. 5000/-. It is stated that cost was not paid and hence the applications had been dismissed by Exts.P4 and P5 orders.

(2.) The petitioner had thereupon preferred Ext.P6, I.A.No.4026 of 2015, to restore Exhibits P2 and P3 applications to file. By Exhibit P7 order the said application has also been dismissed. Ext.P7 records that the petitioner was granted chances to pay the cost and restore the claim petition, but he has failed to do so. It is stated in Exhibit P7 that the counsel for the applicant has taken several adjournments for payment of costs, but the costs had not been paid. It is found that since no sufficient reason for non-payment of costs having been made out by the petitioner, the application is liable to be dismissed.

(3.) Heard the learned counsel for the petitioner and the learned standing counsel appearing for the 3rd respondent. Notice to respondents 1 and 2 was taken out, but there is no appearance for the said respondents.