The Chief Executive Claim Officer v. Lakshmi Devi

C.M.P.No.8091 of 2024 in C.M.A.Sr.No.6948 of 2024 R.SUBRAMANIAN, J.

AND R.SAKTHIVEL, J.

(Order of the Court was made by R.SUBRAMANIAN, J.) Despite service, the respondents are not appearing either in person or through counsel duly instructed.

2. In paragraph No.9 of the affidavit filed in support of this petition the reason for delay is stated as under:- "9. It is pertinent to note that the order was passed in I.A.353/2021 on 06.06.2023 and order in MCOP/108/2011 was passed on 14.04.2019 and the copy application was made on 07.06.2023 and the copy of the award was made ready on 27.09.2023 thereafter the certified copies were sent to the head office, the officer incharge of this case was not well and was under medical treatment for 3 months. Since the said Senior Manager is not well and on medical leave for a period of 3 months therefore he could not proceed with the case and give us necessary instruction to prefer the present appeal within the stipulated period. I further submit that since exparte award was passed against the appellant on 15.04.2023 and the R.SUBRAMANIAN, J.

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AND R.SAKTHIVEL, J.

dsa appellant filed set aside petition along with delay of 709 days in filing the set aside petition and the same was dismissed by the trial Court and thereafter the appellant filed the present appeal. Therefore, the delay 1537 days occurred in filing the present appeal."

3. We find the reasons are bona fide and acceptable. Hence, this petition is ordered and the delay in 1537 days in filing the above appeal is condoned.

[R.S.M., J.] [R.S.V., J.] 15.07.2024 dsa C.M.P.No.8091 of 2024 in C.M.A.Sr.No.6948 of 2024 https://www.mhc.tn.gov.in/judis