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Madras High CourtCMP/15617/2024allowed

Vaithiyanathan v. M.Dhavamani

2024-09-09Honourable Mrs Justice R. Hemalatha2 pages

C.M.P.No.15617 of 2024 in C.M.A.SR.No.90452 of 2024 C.M.P.No.15617 of 2024 in C.M.A.SR.No.90452 of 2024 R.HEMALATHA,J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 168 days in filing the Civil Miscellaneous Appeal.

2. Since the 1st respondent remained absent before the Tribunal and was set exparte, issuance of notice to the 1st respondent is dispensed with.

3. Mrs.R.Rathnathara, learned counsel appearing for the 2nd Respondent did not raise any serious objection in allowing this petition.

4. Having satisfied with the reasons assigned in the affidavit filed in support of this petition, this petition is allowed and the delay of 168 days in filing the above appeal is condoned.

5. Registry is directed to number the main Civil Miscellaneous Appeal, if it is otherwise in order and print the name of Mrs.R.Rathnathara, counsel for the 2nd Respondent in the main C.M.A. and post the same for admission in due course. R.HEMALATHA,J.

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C.M.P.No.15617 of 2024 in C.M.A.SR.No.90452 of 2024 vum

6. It is made clear that for the period of delay of 168 days, the petitioner / appellant will not be entitled for any interest if in the event of this Court enhancing the amount of compensation fixed by the Tribunal. 09.09.2024 vum C.M.P.No.15617 of 2024 in C.M.A.SR.No.90452 of 2024 2/2 https://www.mhc.tn.gov.in/judis