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Madras High CourtCMP/8677/2022allowed

The Managing Director v. Kalaiselvi

2022-07-13Honourable Ms. Justice P.T. Asha3 pages

C M.P.No.8677 of 2022 and CMA.S.R.No.46308 of 2022 P.T.ASHA, J., The above petition is filed for condoning the delay of 4176 days in filing of the above CMA. The notice was directed to the respondents who have been served but they have not entered appearance either in person or through counsel.

2. In the affidavit filed in support of the application for condoning the delay the reasons that have been stated are are follows:- A) The Judgement was handed over to the panel advocate for getting an opinion.

B) After the opinion was obtained administrative formalities had to be undertaken for entrusting the brief to the counsel. C) After the brief was entrusted to the counsel there has been a change in the panel and in the meanwhile the bundles continued to remain with the earlier counsel.

3. It is only when the notice in the execution proceedings had been received that the appellant corporation had taken steps to trace the bundle and

appoint the present counsel who has taken immediate steps to file the appeal. However in the interregnum a delay of 4176 days had occurred. The delay is only on account of the aforesaid reasons and not due to the wilful or wanton conduct on the part of the Transport Corporation. The learned counsel appearing for the petitioner appellant would make submissions in the above lines. Considering the fact that the sufficient reasons have been given the delay is condoned.

4. The Registry is directed to number the appeal and list the matter on 18.07.2022 under the caption "for admission". .

13.07.2022 shr

P.T.ASHA, J., shr C M.P.No.8677 of 2022 and CMA.S.R.No.46308 of 2022 13.07.2022