Dr.Saketh Rama Rao.B v. B.Vidyulatha And 12 Others

Application Nos.2286 & 2287 of 2026 in OP.DR.No.130874 of 2025 MASTER 12.06.2026 COMMON ORDER

1. These two applications have been filed by the applicant. The A.No.2286 of 2026 is filed to condone the delay of 73 days in representing the original petition in OP.DR.No.130874 of 2025. The A.No.2287 of 2026 is filed to condone the defective representation.

2. The reason stated for the delay in A.No.2286 of 2026 is that, the adjudication process and mailing of hard copies of the documents involve a huge cost and the applicant is not in a position to bear the same. Hence, delay occurred. The reason stated for the delay in defective representation in A.No.2287 of 2026 is that, the applicant not aware of the fact that petition has to be printed out in back to back sheets. Hence, there occurred a delay to represent the same in time.

3. Now the point to be decided is that whether the delay of 73 days can be condoned or not?

4. This court has come across an order of our Hon'ble Division Bench in OSA.No.66 of 2023 to condone the delay of 267 days in representation in an application in which the Hon'ble Division Bench condoned the delay by deleting the cost imposed. The extracted portion is hereunder.

"It is seen that the delay has occurred only in respect of re-presenting the https://www.mhc.tn.gov.in/judis

original petition filed against the award passed by the first respondent Arbitrator and not in filing the same. Admittedly, this Court has dealt with umpteen number of cases, extending some leniency for condoning the delay. Applying the same analogy and also considering the explanation offered by the appellant for the delay in re-presenting the petition papers, this court is inclined to modify the order of the learned Judge, by deleting the costs of Rs.25,000/- imposed on the appellant, while condoning the delay in re-presenting the petition."

5. This order of Hon'ble Division Bench was followed by the Hon'ble Single Judge in A.No.1219 of 2023 in Arb.OP.DR.No.9142 of 2022 and the same was allowed without cost. The portion extracted is hereunder. "In view of the earlier order passed by the learned single Judge in Application No. 1232 of 2023 dated 03.03.2023 which had been modified by the Division Bench of this Court in O.S.A.No. 66 of 2023 by Judgment dated 29.03.2023, I am inclined to set aside the impugned order passed by the Learned Master. Accordingly, this application is allowed. However, there shall be no order as to costs".

6. Following the orders passed by our Hon'ble Division Bench in OSA.No. 66 of 2023 which was followed by the Hon'ble Single Judge in A.No.1219 of 2023 in Arb.OP.DR.No. 9142 of 2022, this court has no hesitation to take lenient view in this application and is inclined to allow this application. Accordingly, these applications are allowed. No order as to costs. MASTER https://www.mhc.tn.gov.in/judis