M/S.Nvh India Auto Parts Pvt. Ltd., v. The Presiding Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR C.M.P.No.16823 of 2025 in W.A.SR.No.102239 of 2025 M/s.NVH India Auto Parts Pvt. Ltd.

Rep. By its Manager - HR Plot No. B-68, SIPCOT Industrial Park Irungattukottai, Sriperumbuthur Kanchipuram District.

..

Petitioner Vs.

1. The Presiding Officer I Additional Labour Court Chennai.

2. R.Dharani Manikandan ..

Respondents Prayer: Petition filed under Section 5 of the Limitation Act, to condone the delay of 375 days in filing the appeal. For the Petitioner :

Mr.S.Makesh For the Respondents :

Mr.K.Sudalai Kannu for R2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 375 days in filing the writ appeal.

2. Heard Mr.S.Makesh, learned counsel for the petitioner and Mr.K.Sudalai Kannu, learned counsel for respondent 2.

3. Counter affidavit has been filed by the second respondent. The delay caused for more than a year is because of administrative delay caused at the Head Office of the petitioner/appellant at Mumbai, therefore, such a delay cannot be attributable as if that is beyond the control of the petitioner/appellant and therefore, because of the delay, since some prejudice has been caused to the second respondent, this petition, if at all to be ordered, could be ordered only on terms.

4. Resultantly, this petition is ordered by ordering a cost of Rs.5,000/- [ Rupees Five Thousand Only] payable by the petitioner/appellant to the second respondent through his counsel. Accordingly, there shall be a direction to pay the cost to the second respondent's counsel within a period of two weeks from the date of receipt of a copy of this order.

5. On that condition, the delay of 374 days in filing the writ appeal is condoned and the petition is ordered accordingly. (R.S.K., J.) (H.C., J.) 20.11.2025 (drm)

To:

1. The Presiding Officer I Additional Labour Court Chennai.

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) C.M.P.No.16823 of 2025 in W.A.SR.No.102239 of 2025 20.11.2025