The Divisional Manager v. Rubistar

CMP.No.4045 of 2024 in CMA.SR.No.100150 of 2024 M.DHANDAPANI, J.

This petition has been filed seeking to condone the delay of 138 days in filing the above appeal.

2. Though notice was served and the name of the 1st respondent was printed in the cause list, none appeared on behalf of the 1st respondent.

3. Learned counsel for the petitioner/ appellant submitted that the 2nd respondent was already set as ex-parte before the trial court. An endorsement to the said effect was also made by the learned counsel for the petitioner/ appellant in the petition today.

4. In view of the above, notice to the 2nd respondent is dispensed with.

5. Heard learned counsel on either side.

6. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to order this petition.

7. Accordingly this petition is allowed.

Registry is directed to number the appeal, if it is otherwise in order and post the matter for admission.

02.01.2025 skt https://www.mhc.tn.gov.in/judis