P. Nainamalai v. S. Senthilkumar

C.M.P.No.8546 of 2023 in C.M.A.SR.No.48876 of 2023 SUNDER MOHAN,J.

This Petition has been filed seeking to condone the delay of 172 days in filing the above Civil Miscellaneous Appeal.

2. Learned counsel appearing for the petitioner/appellant would submit that the first respondent remained ex-parte before the Tribunal and hence, notice to legal representatives of R1, since deceased may be dispensed with and he has made an endorsement to that effect.

3. Heard the learned counsel for the petitioner and Mr.P.Suresh Srinivasan, learned counsel for the second respondent.

4. Considering the averments made in the affidavit filed in support of this petition and being satisfied with the same, the delay is condoned on condition that the petitioner/appellant shall forfeit the interest for the delay period in the event of this Court enhancing the compensation. Hence, this petition is ordered as prayed for.

6. Registry is directed to number the C.M.A., if it is otherwise in order and list the same in due course by printing the name of Mr.P.Suresh Srinivasan, learned counsel for the second respondent. 30.08.2023 AT https://www.mhc.tn.gov.in/judis 1/2

SUNDER MOHAN,J.

AT C.M.P.No.8546 of 2023 in C.M.A.SR.No.48876 of 2023 30.08.2023 https://www.mhc.tn.gov.in/judis 2/2