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Madras High CourtCMP/640/2024ordered

The Chairman v. M.Srinivasan

2024-03-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy1 pages

C.M.P.No.640 of 2024 in W.A.SR.No.30874 of 2023 THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

Heard Mr.S.Kalaiselvan, learned counsel for the applicants and Mr.M.Sridhar, learned counsel for the non-applicant.

This application is filed to condone the delay of 76 days in preferring the appeal.

Learned counsel for the non-applicant opposes the application on the ground that no sufficient cause is mentioned in the affidavit and further submits that it is only after filing of the contempt petition, the appeal has been filed.

It is trite that every day's delay is not expected to be explained with mathematical precision. Whenever cause for substantial justice and technical consideration are pitted against each other, cause for substantial justice has to be subserved. The delay is also not an abnormal one, the delay is of 76 days.

For the reasons stated in the accompanying affidavit, the delay of 76 days in preferring the appeal is condoned. The application, accordingly, stands allowed and is disposed of.

(S.V.G., CJ.) (D.B.C., J.) 11.03.2024 drm https://www.mhc.tn.gov.in/judis