Srividhya v. Saravanakumar

C.M.P. No. 13024 of 2025 in C.M.A.SR.No.84056 of 2025 C.M.P. No. 13024 of 2025 in C.M.A.SR.No.84056 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 1103 days in filing the above Civil Miscellaneous Appeal against the award dated 01.11.2021 passed in M.C.O.P.No. 940 of 2020, on the file of Motor Accident Claims Tribunal, Special District Judge, Salem.

2. Mr.V.Vasanthanayagan, learned counsel for appellant submitted that due to financial constraints, the appellant is not able to instruct counsel on record to prefer the above appeal and only during month of June 2025, she gave papers to him, as a result of which, there is a delay of 1103 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. Mr.J.Michael Visuvasam, learned counsel for 2nd respondent appeared and raised strong objections stating that proper reason was not assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one, 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.

30.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 13024 of 2025 in C.M.A.SR.No.84056 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 13024 of 2025 in C.M.A.SR. No. 84056 of 2025 30.07.2025 https://www.mhc.tn.gov.in/judis