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Madras High CourtA/5633/2019allowed

M/S Rajewari Infrastructure Limited Nd 2 Others v. Intec Capital Limited

2019-08-21Honourable Mr Justice R. Subramanian2 pages

A.Nos. 5633 & 5637 of 2019 in E.P.Nos. 53 & 52 of 2016 A.Nos. 5633 & 5637 of 2019 in E.P.Nos. 53 & 52 of 2016 R.SUBRAMANIAN, J.

These applications have been filed seeking to condone the delay of 63 days in filing appeals against the order of the Master dated 13.12.2018 made in A.Nos. 5046 of 2016 in E.P.No. 52 of 2016 and A.No. 5047 of 2016 in E.P.No. 53 of 2016.

2. The reasons assigned in the affidavit filed in support of the applications are that the applicants had applied for copies of the order and the copies were made ready on 01.02.2019 and the applicants were forced to travel to New Delhi for appearing in a case filed against them under Section 138 of N.I.Act and they returned only on 15.02.2018 and hence, the delay has occurred. The counter affidavit filed by the respondent contending that the very applications as well as the appeals are filed only to delay the execution of an award passed as early as on 05.11.2015. However, considering the length of the delay, I am of the considered opinion that the applicants made out a sufficient cause for condonation of delay. Hence, the delay is condoned. http://www.judis.nic.in

A.Nos. 5633 & 5637 of 2019 in E.P.Nos. 53 & 52 of 2016 R.SUBRAMANIAN, J.

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3. Registry is directed to number the appeals and post on 28.08.2019. 21.08.2019 kkn A.Nos. 5633 & 5637 of 2019 in E.P.Nos. 53 & 52 of 2016 http://www.judis.nic.in