V.S.Harikumar v. M/S.Amalgamations Ltd.,

CMP No. 19967 of 2023 in S.A No. 1195 of 2003 T.V.THAMILSELVI, J.

This petition has been filed to condone the delay of 347 number of days in representing the papers in CMP Sr. No. 90643 & b90644 of 2022 in S.A No. 1195 of 2003.

2.The learned counsel for the petitioner submitted that he presented the papers to the registry on 22.08.2022 for restoration. Thereafter, the return papers mixed up with the deposed bundles hence the petitioner was not able to represent the same within a prescribed time. In the first week of August 2023, he found the papers hence his delay is not willful nor wanton prayed to allow this petition.

3. The learned counsel for the respondent submits that in order to drag on the proceedings the petitioner filed this petition without any proper reason.

4. Considering the facts of the case, this appeal is pending from the year 2003. Further, if fair opportunity is not given to the petitioner his valuable right will be defeated. Accordingly, this petition is allowed.

08.09.2023 pbl https://www.mhc.tn.gov.in/judis