Sei Adhavan Power Pvt Ltd v. The State Of Tamil Nadu

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.V.Swaroop, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader for the first respondent and Mr.D.R.Arun Kumar, learned counsel for respondents 2 to 5.

2. These applications have been filed to condone the delay of 382 days in filing the appeals.

3. It is submitted that the appeals are filed to the extent of grant of reduced rate of interest. The respondents 2 to 5 have also filed appeal bearing W.A.No.1553 of 2022. It is only after the receipt of notice in the said appeal, the petitioner noticed about the reduced rate of interest. As such, the delay is caused for filing the appeals.

4. Learned counsel for respondents 2 to 5 opposes the applications and submits that the grounds mentioned do not constitute sufficient cause.

5. It appears that part of the order has been assailed by the respondents 2 to 5 in W.A.No.1553 of 2022 and the same is pending. Even otherwise, applicant can file a cross-appeal within the prescribed period after the receipt of notice in the said appeal.

6. For the reasons stated in the applications, the delay caused in filing the appeals is condoned.

The applications are allowed.

(S.V.G., C.J.) (P.D.A., J.) 12.06.2023 bbr

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 12.6.2023