S.Ettiappan v. D.Kumar

C.M.P.No.9095 of 2023 in C.M.A.SR.No.49910 of 2023 SUNDER MOHAN,J.

This Petition has been filed seeking to condone the delay of 270 days in filing the above captioned C.M.A.

2.Learned counsel appearing for the petitioner/appellant would submit that the 1st respondent remained ex-parte and he has made an endorsement to dispense with the notice to the 1st respondent. 3.Though notice served on the 2nd respondent/Insurance Company, none appeared on behalf of the them.

4.Heard the learned counsel appearing for the petitioner. 5.Considering the averments made in the affidavit filed in support of this petition and being satisfied with the same, the delay is condoned on the condition that the petitioner/appellant shall forfeit the interest for the delay period in the event this Court enhanced 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.

21.07.2023 rst https://www.mhc.tn.gov.in/judis

SUNDER MOHAN,J.

rst C.M.P.No.9095 of 2023 in C.M.A.SR.No.49910 of 2023 21.07.2023 https://www.mhc.tn.gov.in/judis