Elumalai v. Arun Prasad

C.M.P.No.7815 of 2023 in C.M.A.SR.No.43017 of 2023 N.MALA,J, This Petition has been filed to condone the delay of 285 days in filing the above Civil Miscellaneous Appeal.

2. The learned counsel for the petitioners submitted that as first respondent remained ex parte before the Tribunal, notice to first respondent may be dispensed with and he has also made an endorsement to that effect. Hence notice to the first respondent is dispensed with.

3. Mr.J.Chandran, learned counsel takes notice on behalf of second respondent and he fairly submits that he has no serious objection to the delay of 285 days being condoned, subject to the condition that the claimants shall forfeits the interest for the delay period of 285 days. 4.In view of the submission made the delay of 285 days is condoned subject to the condition that the claimants shall not be entitled to interest for the delay period of 285 days.

5. Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and post the same for admission on 20.06.2023.

6. Registry is further directed to print the name of the second respondent counsel at the time of admission.

Accordingly, this CMP is ordered.

01.06.2023 dsn https://www.mhc.tn.gov.in/judis

N.MALA.J., dsn C.M.P.No.7815 of 2023 in C.M.A.SR.No.43017 of 2023 01.06.2023 https://www.mhc.tn.gov.in/judis