M. Sathyabalu v. P. Subramanian

CMP.No.4396 of 2016 in CMA.SR.No.111979 of 2014 T.MATHIVANAN.J, This Civil Miscellaneous Petition has been filed by the petitioner to condone the delay of 683 days in filing the above appeal.

2. Heard the learned counsel for the petitioner.

3.First Respondent remained exparte before the Tribunal. Second respondent was served. However, they have not chosen to appear before this court.

4. Since the contesting respondent is not present before this court, this court finds that the petition may be allowed on condition that the petitioner shall not be entitled to get interest for the break up period of 683 days.

5. Having regard to the submissions made by the learned counsel for the petitioner and also having satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay is condoned on condition of waiving of interest for the break up period of 683 days.

6. In case of any compensation to be awarded in favour of the claimant, the claimant is not entitled for claiming interest for the delay period of 683 days.

List the Appeal on 24.08.2016 "For Admission".

gv 18.08.2016