M/S.Ety Enterprises v. The Deputy Director

C.M.P. No. 9938 of 2025 in C.M.A.SR.No.33014 of 2025 C.M.P. No. 9938 of 2025 in C.M.A.SR.No.33014 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 4 days in filing the above Civil Miscellaneous Appeal against the award dated 12.12.2024 passed in ESIOP.No. 114 of 2022, on the file of Employees State Insurance Court, Coimbatore.

2. M/s.Agam Legal, learned counsel for appellant submitted that due to delay in obtaining the certified copy of order on account of difference with appellant's erstwhile counsel, 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 4 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. Dwarakesh Prabakaran, learned counsel for respondent appeared and raised strong objections stating that proper reason was not 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.

5. Post the matter on 09.07.2025.

07.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 9938 of 2025 in C.M.A.SR.No.33014 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 9938 of 2025 in C.M.A.SR. No. 33014 of 2025 07.07.2025 https://www.mhc.tn.gov.in/judis