M/S.Vasan Engineering Works v. M/S.Perfect Gears (Chennai) Pvt Limited

in C.M.A.SR.No.72140 of 2023 (Filing Number) M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., [Order of the Court was made by M.SUNDAR.J.,] Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] has been filed with a 'Condonation of Delay' ['CoD' for the sake of brevity] prayer qua 194 days delay in re-presentation.

2. Mr.Thomas T Jacob, learned counsel on record for the petitioner/appellant adverting to the support affidavit, more particularly paragraph 9 thereat, submitted that since the petitioner had suffered severe loss in the business, he was unable to pay the Court fee and only in January 2024, the petitioner was able to mobilise funds to pay the Court fee.

3. Considering the nature of the matter and the length of delay, this reason is accepted and captioned CMP is ordered as prayed for i.e., delay condoned. However, as the matter is under 'The Commercial Courts Act, 2015 [Act 4 of 2016]' {hereinafter 'CCA' for the sake of brevity}, we leave it open to the respondent to raise this issue if so advised and if so desired. 1/3

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa This window is in the light of rigor of time lines qua CCA. There shall be no order as to costs.

[M.S.,J.] [K.G.T.,J.] gpa 18.06.2024 in C.M.A.SR.No.72140 of 2023 2/3

(Filing Number) 3/3