Suresh v. Gopi

C.M.P.No.18493 of 2022 in CMA SR No.47516 of 2022 SUNDER MOHAN, J.

This petition is filed to condone the delay of 1688 days in filing the appeal challenging the award of compensation.

2. The learned counsel for the petitioner submitted that the reasons for the delay have been explained in paragraphs 6 and 7 of the affidavit filed in support of the petition stating that the petitioner is in a vegetative condition and he could not pursue the appeal on time.

3. First respondent remained exparte before the Tribunal. 4.The learned for the second respondent per contra, submitted that the delay has not been properly explained. Hence, he prayed for dismissal of the petition.

5. Heard the learned counsel appearing for the petitioner as well as the second respondent.

6. Considering the reasons stated in the affidavit and the submissions made by counsels on either side, this Court is of the view that in the interest of justice, the delay may be condoned on condition that the petitioner waives the interest for the delay period of 1688 days, in the event of this Court enhancing the compensation. This petition is ordered accordingly. 1/2 https://www.mhc.tn.gov.in/judis

SUNDER MOHAN, J.

dk

7. Registry is directed to number the C.M.A., if it is otherwise in order and print the name of Mr.P.Suresh Srinivasan, as counsel for the second respondent, at the time of admission.

03.08.2023 dk C.M.P.No.18493 of 2022 in CMA SR No.47516 of 2022 2/2 https://www.mhc.tn.gov.in/judis