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Madras High CourtCMP/11217/2018allowed

V. Muthukrishnan v. M/S. Besto Brite Steels Pvt

2023-06-21Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice C.Kumarappan2 pages

C.M.P.No.11217 of 2018 in Rev.Appl.No.SR.44032 of 2018 S.S.SUNDAR , J.

and C.KUMARAPPAN, J.

(Order of the Court was made by S.S.SUNDAR, J.) This petition is filed to condone the delay of 94 days in filing the above Review Application against the judgment and decree dated 08.02.2018 passed in A.S.No.646 of 2009.

2.Learned counsel for the petitioner has stated that he has filed an appeal in S.L.P.(C).No.10408 of 2018 before the Hon'ble Supreme Court and that he has allowed the appeal to be dismissed as withdrawn pursuant to the observation of the Hon'ble Supreme Court that the issue can be re-agitated only by way of filing a review petition before this Court. 3.The delay according to the petitioner is on account of obtaining certified copies after disposal of S.L.P.(C).No.10408 of 2018 by the Hon'ble Supreme Court on 05.05.2018.

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S.S.SUNDAR , J.

AND C.KUMARAPPAN, J.

kas 4.The respondent has filed counter seriously disputing the averments made in the affidavit by the petitioner. However, this Court is convinced that the petitioner has proper reason for the delay. This Court is unable to discard the reasons.

5.This Court, having regard to the facts and circumstances indicated in the affidavit filed in support of this petition, is inclined to order this petition. 6.This petition accordingly stands ordered.

7.The Registry is directed to number the Review Application filed in No.SR.44032 of 2018, if the papers are otherwise in order. The Registry is also directed to print the name of Mr.K.G.Vasudevan, for the respondent when the matter is posted in its usual course for Admission. [S.S.S.R., J.,] [C.K., J.,] 21.06.2023 C.M.P.No.11217 of 2018 in Rev.Appl.No.SR.44032 of 2018 2/2 https://www.mhc.tn.gov.in/judis