Ramji Dayawahla Sons & Co., v. Bharat Heavy Electricals Ltd.,

CMP.No.8464 of 2018 in AS.No.738 of 2006 G.K.ILANTHIRAIYAN, J.

This petition is filed seeking to condone the delay of 127 days in filing the petition to restore the above appeal suit which was dismissed for default on 30.09.2011.

2. Though the above civil miscellaneous petition is filed in the year 2018. Even for the past five years the petitioner did not take any steps to bring the petition for hearing and it is pending without even ordering any notice.

3. Therefore, after a period of five years it cannot be ordered, since the appeal suit was dismissed on 30.09.2011.

4. Hence, this court cannot find any merits in this civil miscellaneous petition. Therefore, this Civil Miscellaneous Petition is dismissed.

08.12.2023 gvn https://www.mhc.tn.gov.in/judis