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Madras High CourtCMP/22881/2023ordered

The Assistant Commissioner(Ct)(Fac) v. Indo Shell Mould Ltd

2023-10-06Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq2 pages

C.M.P.Nos.22881 & 22877 of 2023 IN W.A.SR.Nos.87752 & 87751 of 2020 R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

(Order of the Court was made by R.Mahadevan, J.) These miscellaneous petitions have been filed by the petitioners/Revenue seeking to condone the delay of 545 days in re-presenting the above Writ Appeals. 2.Heard the learned Special Government Pleader appearing for the petitioners and perused the affidavit filed in support of these petitions, wherein, it has been stated that the Registry has returned the appeal papers for rectification of certain defects on 14.12.2010. After rectifying the defects, the appeal papers could not be re-presented, within the time stipulated, as the same were mixed with some other bundles. Upon search, on 05.09.2023, the writ appeal papers were found out from a heap of old bundles and the same were re-presented before the Registry. Thus, the delay of 545 days in re-presenting the appeal papers is neither wilful nor wanton and same may be condoned.

3.Having regard to the reasons stated by the petitioners, which appear to be bona fide, considering the huge delay in re-presenting the appeal papers, we are inclined to condone the delay subject to payment of costs of Rs.2,000/- by the petitioners to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, within a week's time from the date of receipt of copy of this order. https://www.mhc.tn.gov.in/judis

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya

4. Upon production of receipt for payment of costs, these miscellaneous petitions stand ordered.

[R.M.D., J.] [M.S.Q., J.] 06.10.2023 gya C.M.P.Nos.22881 & 22877 of 2023 IN W.A.SR.Nos.87752 & 87751 of 2020 https://www.mhc.tn.gov.in/judis