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Madras High CourtCMP/10868/2019dismissed

Ganesan v. Kailasagounder

2019-09-13Honourable Mr Justice R. Mahadevan2 pages

C.M.P.No.10868 of 2019 C.M.P.No.10868 of 2019 in C.M.A.SR.No.37113 of 2018 R.MAHADEVAN, J.

On 23.11.2018 in CMP.No.20299 of 2018(representation petition), this Court passed the following order:

"3.Considering the contention of the learned counsel for the petitioner, the delay of 170 days is condoned on payment of a cost of Rs.500/- (Rupees Five Hundred only) to the Tamil Nadu State Legal Services Authority", High Court, Chennai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without further reference to this Court."

2.However, the petitioner has not complied with the aforesaid condition within the time stipulated by this Court. Hence, CMP.No.20299 of 2018 (representation petition) stood automatically dismissed. 3.Now, the present Miscellaneous Petition has been filed to condone the delay of 113 days in filing the petition to restore CMP.No.20299 of 2018 on file.

4.Heard the learned counsel for the petitioner, who submitted that one more opportunity be provided to the petitioner to comply with the order of this Court, for which, the learned counsel appearing for the respondents 1 and 2 have no serious objection. 1/2 http://www.judis.nic.in

C.M.P.No.10868 of 2019 R.MAHADEVAN, J.

gbi 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing for the parties, this Court is inclined to grant an opportunity to the petitioner. Accordingly, the delay is condoned and this petition is ordered, however subject to the condition that the petitioner shall pay a sum of Rs.500/- towards costs to the Tamil Nadu State Legal Services Authority, High Court, Madras, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without further reference to this Court. 13.09.2019 gbi C.M.P.No.10868 of 2019 in C.M.A.SR.No.37113 of 2018 2/2 http://www.judis.nic.in