Mr.R.Pannerselvam v. Gemini Industries And Imaging Limited And 7 Others

in CS.No.464 of 2017 S.SOUNTHAR , J.

The instant application has been filed to condone the delay of 1540 days in representing the written statement.

2. According to the applicant, the original written statement was filed by him on 26.04.2018 and the same was returned by the Registry time to time. Finally, the written statement was returned by the Registry during December-2019. After taking returned papers, they were handed over to the party for rectification. Thereafter, returned papers were misplaced inadvertently. It is also further averred by the applicant that the returned papers were mixed up with other case bundles and therefore, there is a delay in representing the returned papers.

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3. The delay of 1540 days in representing the returned papers is a lengthy one. Though the applicant has given some reason for delay in rectifying the papers and representing the same, taking into consideration the length of delay, in order to compensate the prejudice caused to the first respondent/plaintiff, this Court is of the view that it is appropriate to direct the applicant to pay the costs of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the first respondent/plaintiff as condition for condoning the delay.

4. Accordingly, the petition to condone the delay in representation is allowed on condition that the applicant shall pay a cost of Rs.25,000/- to the first respondent/plaintiff within a period of three weeks from today. In case, the applicant fails to make the payment within the stipulated time, the application shall stand automatically dismissed.

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14.06.2023 dna 3/3

S.SOUNTHAR , J.

dna in CS.No.464 of 2017 14.06.2023 4/3