S.Dhilip Raj v. K.Jayakumar

C.M.P. No. 13624 of 2025 in C.M.A.SR.No.71197 of 2025 C.M.P. No. 13624 of 2025 in C.M.A.SR.No.71197 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 313 days in filing the above Civil Miscellaneous Appeal against the award dated 08.03.2024 passed in M.C.O.P.No. 329 of 2021, on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Dharmapuri.

2. Mr.S.Udhayakumar, learned counsel for appellant submitted that due to illness, the appellant is not able to instruct counsel on record to prefer the above appeal and only during month of April 2025, he gave papers to him, as a result of which, there is a delay of 313 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.Mrs.R.Sreevidhya, learned counsel for 2nd respondent and Mr.J.Chandran, learned counsel for 4th respondent appeared and raised objections stating that no sufficient cause 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.

23.06.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 13624 of 2025 in C.M.A.SR.No.71197 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 13624 of 2025 in C.M.A.SR. No. 71197 of 2025 23.06.2025 https://www.mhc.tn.gov.in/judis