Santhosh v. S.Kumaran

C.M.P. No. 8517 of 2025 in C.M.A.SR.No.49908 of 2025 C.M.P. No. 8517 of 2025 in C.M.A.SR.No.49908 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 544 days in filing the above Civil Miscellaneous Appeal against the award dated 21.06.2023 passed in M.C.O.P.No. 533 of 2019, on the file of Motor Accident Claims Tribunal, Special Subordinate Judge, Krishnagiri.

2. Mr.D.Rameshkumar, learned counsel for appellant submitted that due to lack of communication, the certified copy of award was obtained only on 25.02.2025. Hence, the appellant is not able to instruct counsel on record to prefer the above appeal and only during month of March 2025, he gave papers to him, as a result of which, there is a delay of 544 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Mr.S.P.Yuvaraj, learned counsel for 1st respondent raised strong objections stating that no sufficient reason assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. The interest for the delay period is ordered to be waived. Post the mater on 15.09.2025 along with connected appeals in C.M.A.Nos.516 & 2246 of 2025. 28.08.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 8517 of 2025 in C.M.A.SR.No.49908 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 8517 of 2025 in C.M.A.SR. No. 49908 of 2025 28.08.2025 https://www.mhc.tn.gov.in/judis