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Madras High CourtCMP/16778/2024delay condoned

A.R.Mohamed Riyas v. K. Arokya Samy

2024-08-13Honourable Mrs Justice R. Hemalatha1 pages

C.M.P.No.16778 of 2024 in C.M.A.SR.No.99468 of 2024 R.HEMALATHA,J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 170 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.Rathna Thara, learned counsel who accepts notice for the 2nd Respondent did not raise 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 170 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 list the same for admission in due course.

6. It is made clear that for the period of delay of 170 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.

13.08.2024 vum https://www.mhc.tn.gov.in/judis