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Madras High CourtCMP/12744/2024ordered

P.S.Murugesan v. Tamilnadu Mercantile Bank Limited

2024-07-18Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

in Appeal (CAD) SR. No.32194 of 2024 M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) Captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity) has been filed with a prayer for 'Condonation of Delay' (hereinafter 'CoD' for the sake of brevity) qua 30 days delay in filing captioned Appeal being Appeal (CAD) SR. No.32194 of 2024.

2. Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 27.06.2024, which reads as follows:

'C.M.P. No.12744 of 2024 in Appeal (CAD) SR. No.32194 of 2024 M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) Captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity) has been filed with a prayer for 'Condonation of Delay' (hereinafter 'CoD' for the sake of

brevity) qua 30 days delay in filing captioned Appeal being Appeal (CAD) SR. No.32194 of 2024.

2. Mr.R.Srinivasan of M/s.R and P Partners (Law Firm) adverting to paragraph 6 of support affidavit submitted that substantial time was consumed in obtaining certified copy, sending it to Chennai and having the appeal filed. Learned counsel also (adverting to paragraph 7) submitted that the petitioner/appellant is a 66 year old senior citizen with certain ailments.

3. Issue notice to sole respondent returnable in three weeks i.e., returnable by 18.07.2024. Private notice permitted.

4. List on 18.07.2024.'

3. Sole respondent has since been served and Mr.Aadhishankaran (Enrollment No.MS/5939/2023 with address for service at No.261, New Additional Law Chambers, High Court, Madras), who is before this Court submits that Mr.V.Chandrasekaran, learned counsel has entered appearance for sole respondent and filed vakalatnama today vide SR No.25693/24.

4. Considering the nature of the matter coupled with the facts and circumstances of the case and taking into account the reason given for delay, we deem it appropriate to accept the reason and allow the captioned CMP.

5. Delay condoned. Captioned CMP is ordered as prayed for. There shall be no order as to costs.

(M.S.J.) (K.G.T.J.) 18.07.2024 mmi

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., mmi in Appeal (CAD) SR. No.32194 of 2024 18.07.2024