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Madras High CourtCMP/25462/2023ordered

National Highways Authority Of India v. District Collector Cum Arbitrator (La Nh7)

2023-11-06Honourable Mr Justice R. Subramanian,Honourable Mr.Justice N.Senthilkumar2 pages

C.M.P.No.25462 of 2023 in C.M.P.No.27655 of 2019 in C.M.A.Sr.No.95048 of 2019 R.SUBRAMANIAN, J.

and N.SENTHILKUMAR,J.

As a result of the petition in CMP.No.25462 of 2023 being allowed, CMP.No.27655 of 2019 seeking condonation of delay of 1113 days in filing the appeal stand restored.

2.Though it is claimed by Mr.K.Chandrasekaran that the conditional order dated 13.02.2020 has not been complied with properly, since the interest has not been paid, we do not think we can sustain the said objection, in view of the fact that the order of the Trial Court namely, the Principal District Court, Dharmapuri is not very clear on payment of interest and the order of the Single Judge also does not make it clear that the deposit must include the interest. 3.Hence, we give the benefit of doubt to the petitioner and we conclude that the order dated 13.02.2020 has been properly complied https://www.mhc.tn.gov.in/judis

with. Accordingly, CMP.No.27655 of 2019 is allowed. R.SUBRAMANIAN, J.

and N.SENTHILKUMAR,J.

KKN 4.Registry is directed to number the appeal in CMA.Sr.No.95048 of 2019 as well as the stay petition.

(R.S.M., J.) (N.S., J.) 06.11.2023 kkn C.M.P.No.25462 of 2023 in C.M.P.No.27655 of 2019 in C.M.A.Sr.No.95048 of 2019 https://www.mhc.tn.gov.in/judis