Alphonse v. Thamimul Ansari

C.M.P.No.1561 of 2023 in C.M.A.SR.No.49654 of 2022 N.MALA,J., This Civil Miscellaneous Petition has been filed to condone the delay of 2108 days in filing the above appeal against the Judgment and Decree dated 26.02.2016 made in M.A.C.T.O.P. No.21 of 2014 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruvannamalai.

2. M/s.R.Rathnathara, learned counsel takes notice for the 2nd respondent.

3. I have gone through the affidavit filed in support of the petition and I am of the view that the delay of 2108 days can be condoned subject to condition that the petitioner/claimant forfeits the interest for the delay period of 2108 days. The delay is condoned on condition that the petitioner shall not be entitled for interest for 2108 days. Accordingly, this petition is ordered.

4. Registry is directed to number the appeal if it is otherwise in order and print the name of M/s.R.Rathnathara as appearing for the 2nd respondent at the time of admission.

05.04.2023 ksa-2

N.MALA,J., ksa-2 C.M.P.No.1561 of 2023 in C.M.A.SR.No.49654 of 2022 05.04.2023