V. Mahendran v. V. Tamilselvan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN V. Mahendran Proprietor of Mahendran Steel, Plot No.D-106, Sathangkadu Iron and Steel Market, Sathankadu, Manali, Chennai - 068. Res. at 1A, 21st Street, Union Cardbide Colony, Kodungaiyur, Chennai - 118.
..Petitioner / Appellant Vs V. Tamilselvan Proprietor of Shri Dhanalakshmi Irons, No.106/45 and 45 B, Jeeva Nagar, Korukkupet, Chennai - 021. ..Respondent Prayer in CMP No.12380 of 2025 : Civil Miscellaneous Petition to condone the delay of 55 days in filing the appeal against the judgment and decree passed in COS No.230 of 2023 on the file of the Honble Additional Commercial Court at Egmore, Chennai dated 27.09.2024. Prayer in Appeal (CAD) SR.No.19331 of 2025 : Appeal under Section 96 of
CPC against the judgment and decree passed in COS No.230 of 2023 on the file of the Honble Additional Commercial Court at Egmore, Chennai dated 27.09.2024.
For Appellant :
Mr.S.Balaji for Mr.P.Prakash Paul For Respondent :
Ms.G.S.Dhanalakshmi for M/s.S.T.Raja
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This is a commercial appeal impugning the decree and judgment dated 27.09.2024. The reason given in the application for condonation of delay is that he had to arrange court fee of Rs.1,10,000/- to challenge the impugned order and judgment and due to high blood pressure and diabetes, his health suddenly deteriorated and the doctor advised him to take bed rest and treatment resulting in a delay of 55 days in filing the appeal. The delay therefore was neither wilful nor wanton.
2. There is no reference to any doctor also in the affidavit in support
of the petition. Learned counsel for the appellant tenders four medical certificates, in which Blood Pressure readings appear to be 110/70 on 10.12.2024, 120/80 on 26.12.2024 and 120/80 on 10.01.2025. As regards diabetes, though the handwriting is not legible, it appears to be 328, 324, 198 and 190 mg/dl.
3. At the same time, in the affidavit in reply it is stated that the petitioner as appellant is hotly contesting E.P.No.36 of 2024 on the file of the Additional Commercial Court, Chennai. Learned counsel for the appellant agreed that the appellant is contesting the Execution Petition.
4. Therefore, in our view it is nothing but a lame excuse, which is not acceptable. The Civil Miscellaneous Petition stands dismissed. Consequently, the appeal in Appeal (CAD) SR.No.19331 of 2025 is also dismissed at SR stage.
(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 14.07.2025 Index :
Yes/No
:
Yes/No KST
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
KST To:
The Additional Commercial Court Egmore, Chennai.
in Appeal (CAD) No.19331 of 2025
14.07.2025