United India Insurance Company Limited v. Tmt Uma Maheshwari

C.M.P. No. 11274 of 2025 in C.M.A.SR.No.59656 of 2025 C.M.P. No. 11274 of 2025 in C.M.A.SR.No.59656 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 193 days in filing the above Civil Miscellaneous Appeal against the order dated 21.06.2024 passed in E.C.No. 114 of 2018, on the file of Commissioner of Employees Compensation/Joint Commissioner of Labour, Salem.

2. Mr.J.Michael Visuvasam, learned counsel for appellant submitted that due to misplace of papers in the office, the date of receipt of final award could not be ascertained and after statutory compliance, it was wrongly segregated and placed in disposed matters and after tracing out of papers, thereafter the appeal was filed on 30.01.2025, as a result of which, there is a delay of 193 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. Though the notices served on the respondents 1, 4 and 5 and their names were also printed in the cause list, none appeared on their behalf.

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. 14.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 11274 of 2025 in C.M.A.SR.No.59656 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 11274 of 2025 in C.M.A.SR. No. 59656 of 2025 14.07.2025 https://www.mhc.tn.gov.in/judis