Sellathurai Padmanadan vs P. Sivalingam Arbitrator – CA PHC NO. 210/2005-2012

In the case between Sellathurai Padmanadan (Appellant) and P. Sivalingam (Respondent, Arbitrator, Department of Co-operative Development North East Province), the court addressed the issue of whether an appeal should proceed where the appellant failed to pay the required brief fees and was absent and unrepresented, with focus on compliance with Rule 13(b) of the Supreme Court. It was held that non-compliance with the filing and fee requirements necessitated dismissal of the appeal. The principle reaffirmed was that strict adherence to procedural rules, such as the timely payment of brief fees and appearance in court, is mandatory for the maintenance of an appeal. Reliance was placed on Rule 13(b) of the Supreme Court, emphasizing that lapses in mandatory procedure result in forfeiture of t