K.Sounder v. B. Kalaivanan

C.M.P.No.69 of 2023 in C.M.A.SR.No.14771 of 2019 SUNDER MOHAN,J.

This Petition has been filed seeking to condone the delay of 802 days in filing the above Civil Miscellaneous Appeal.

2. Learned counsel appearing for the petitioner/appellant would submit that the first respondent remained ex-parte before the Tribunal and notice to R1 has been dispensed with vide order of this Court dated 25.08.2023.

3. Heard the learned counsel for the petitioner and Mr.N.Somasundar, learned counsel for the second respondent.

4. Considering the averments made in the affidavit filed in support of this petition and being satisfied with the same, the delay is condoned on condition that the petitioner shall forfeit the interest for the delay period in the event of this Court enhancing the compensation. Hence, this petition is ordered as prayed for.

5. Registry is directed to number the C.M.A., if it is otherwise in order and list the same in due course by printing the name of Mr.N.Somasundar, learned counsel for the second respondent. 30.08.2023 AT https://www.mhc.tn.gov.in/judis 1/2

SUNDER MOHAN,J.

AT C.M.P.No.69 of 2023 in C.M.A.SR.No.14771 of 2019 30.08.2023 https://www.mhc.tn.gov.in/judis 2/2