M/S.Maruthi Super Service v. Mahitha Vijakumar

C.M.P.Nos.10164 & 10166 of 2023 in A.S. SR. No. 122301 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 157 days in representing the above appeal and to condone the delay of 172 days in paying deficit court fee of Rs.48,015/- in the above appeal.

2. Mr.S.V.Pravin Rathinam, learned counsel for petitioner submitted that due to family circumstances, the petitioner is away from his native and hence, he is not able to get instructions. He would also submit that he above appeal was returned for certain compliance including deficit court fee to a sum of Rs.48,015/-. However, there is a delay of 157 days arose in representing the above appeal and there is a delay of 172 days in payment of deficit court fee and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one. Accordingly, this court is inclined to allow these petitions. Registry is directed to number the above Appeal if it is otherwise found to be in order. 28.04.2023 rpp https://www.mhc.tn.gov.in/judis