M/S.Lion Dates Impex Pvt. Ltd., v. Mohammed Ibrahmin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CMP No.14 of 2025 and OSA(CAD) SR No.63827 of 2022 Lion Dates Impex Pvt. Ltd., No.40, Sterling Road, Nungambakkam, Chennai - 600 034, Rep. by its Managing Director P.Ponnudurai.

Appellant(s) Vs Mohammed Ibrahmin Proprietor Lion Brand Sharbath Company, New No.13 Old No.2, Middle Street, Kailasapuram, Tirunelveli - 627 001.

Respondent(s) For Appellant(s):

Mr.Praveen for Mr.G.K.Muthukumar For Respondent(s):

Mr.A.Swaminathan

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Application is to condone delay of 56 days in filing the appeal.

2. There is no affidavit in reply opposing the application available on record. Counsel for respondent states an affidavit has been filed.

3. Shri Praveen, counsel for appellant, states he has been served a copy of an undated, unsigned affidavit.

4. Counsel for respondent says affidavit has been filed in the registry and it is dated 25.02.2025 [SR No.8754].

5. Certainly, respondent should have filed a true copy of the affidavit in reply and "true copy" means even the blank should have been filled up. Since it has not been served, we will proceed on the basis that no affidavit has been filed opposing the short delay of 56 days. Therefore, we condone

the delay. Application is disposed of.

Appeal to come up for admission on 24.03.2025. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 10.03.2025 sasi/mka