G.Gowathami v. The Managing Director

CMP No.16253 of 2023 in CMA SR.No.91453 of 2023 SUNDER MOHAN, J.

This petition is filed to condone the delay of 1754 days in filing the above appeal.

2.

Learned counsel for the petitioners submitted that the cause for the delay has been explained in paragraph Nos.3 &4 of the supporting affidavit to this petition.

3. Per contra, learned counsel for the respondent submitted that no sufficient cause has been shown for condoning the delay. Further, the instant appeal has been preferred only after the claim amount was settled by the respondent-Corporation.

4. On perusal of the affidavit and on hearing the learned counsel on either side, this Court is of the view that the petitioners have explained the reason for the delay and hence, the same can be condoned.

However, in view of the enormous delay of 1754 days, this Court condones the delay on condition that the petitioners shall be entitled to interest only from the date of numbering of the appeal, in the event of this Court enhancing the compensation. This petition is ordered, accordingly.

5. Registry is directed to number the appeal, if it is otherwise in order and list the same for admission on 27.09.2023.

https://www.mhc.tn.gov.in/judis 19.09.2023 ars