Itc Limited v. The Joint Director

C.M.P. No.1902 of 2018 in C.M.A. No.SR1188 of 2018 T.RAJA,J.

ITC Limited, the petitioner herein has come to this Court seeking an order to condone the delay of 68 days in preferring the appeal against the order and decree in EIOP No.5 of 2013 dated 18.08.2017. 2.Learned counsel appearing for the petitioner would submit that after the impugned judgment and decree was passed by the Employees State Insurance Corporation, Coimbatore on 18.08.2017, the petitioner's counsel was bed ridden and he was not able to obtain the copy of the order well in time. Since the junior Advocate to whom the work of receiving the copy was entrusted had left the office, the delay of 68 days has occurred which is neither willful nor wanton, but due to bonafide reasons and therefore, the learned counsel for the petitioner pleaded for condoning the delay.

3.As there was serious objection from the learned counsel appearing for the respondent, this Court is inclined to condone the delay with reasonable terms. Accordingly, the petition will be allowed subject to the payment of Rs.2,000/- payable by the petitioner to http://www.judis.nic.in

T.RAJA, J.

vga the respondent. Immediately after pronouncing the order, the learned counsel appearing for the petitioner has handed over a sum of Rs.2,000/- to the learned counsel for the respondent. 4.In view of the same, the petition is allowed and the delay is condoned.

23.07.2019 vga Note: Post the matter on 26.07.2019 C.M.P. No.1902 of 2018 in C.M.A. No.SR1188 of 2018 http://www.judis.nic.in