Venu v. Kurinchi Pachamuthu

C.M.P.No.14806 of 2023 C.M.P.No.14806 of 2023 in C.M.A.SR.No.79533 of 2023 SUNDER MOHAN,J.

This petition has been filed to condone the delay of 323 days in filing the above C.M.A.

2. Mr.C.Johnson, learned counsel takes notice for the second respondent and fairly submitted that he has no objection for the above petition being allowed on condition that the appellant shall forfeit the interest for the delay period, in the event of this Court enhancing the Award amount.

3. Learned counsel for the appellant submitted that the 1st respondent remained ex-parte before the Tribunal and therefore, requested this Court to dispense with the notice to the 1st respondent and had also made an endorsement to that effect in the Court bundle.

4. Heard both sides.

5. Considering the averments made in the affidavit filed in support of this application and being satisfied with the same, the delay is condoned on the condition that the appellant shall not claim interest for the delay period of 323 days, in the event of this Court enhancing the Award amount. Hence, this petition is ordered as prayed for.

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

C.M.P.No.14806 of 2023 SUNDER MOHAN,J.

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6. Registry is directed to number the C.M.A., if it is otherwise in order and the list the same in due course.

07.09.2023 C.M.P.No.14806 of 2023 in C.M.A.SR.No.79533 of 2023 07.09.2023 https://www.mhc.tn.gov.in/judis