M. Murugavel v. S. Lakshmikanthan

C.M.P. No. 7118 of 2025 in C.M.A.SR.No.43196 of 2025 C.M.P. No. 7118 of 2025 in C.M.A.SR.No.43196 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 272 days in filing the above Civil Miscellaneous Appeal against the order dated 21.12.2023 passed in M.C.O.P.No. 1456 of 2014, on the file of Exclusive Motor Accident Claims Tribunal, Tiruppur.

2. Mr.E.N.Kandhasamy, learned counsel for appellant submitted that due to ill-health, the appellant is not able to instruct counsel on record to prefer the above appeal and only during month of March 2025, he gave papers to him, as a result of which, there is a delay of 272 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Mr.D.Bhaskaran, learned counsel for 3rd respondent appeared and raised strong objections stating that the sufficient reason was not assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. The interest for the delay period is ordered to be waived. 14.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 7118 of 2025 in C.M.A.SR.No.43196 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 7118 of 2025 in C.M.A.SR. No. 43196 of 2025 14.07.2025 https://www.mhc.tn.gov.in/judis