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Madras High CourtCMP/18882/2025ordered

V. Rajeswari v. The Manager

2025-08-08Honourable Mrs.Justice T.V.Thamilselvi3 pages

C.M.P.No. 18882 of 2025 in C.M.A. SR.No. 106811 of 2013 T.V. THAMILSELVI, J.

Challenging the award passed in M.C.O.P.No.563 of 2009, the petitioner preferred the above Civil Miscellaneous Appeal, however there is a delay of 4048 days in representing the above Civil Miscellaneous Appeal arose. Hence, the present petition has been filed to condone the delay in representing the above appeal.

2. Mr.C.Prabakaran, learned counsel for petitioner submitted that the above Civil Miscellaneous Appeal was returned for want of certified copy of judgment on 30.01.2024. Hence, they wrote a letter to lower court counsel to sent the same, however, he misplaced certified copy with other bundles and applied for fresh certified copy on 22.09.2014, which was obtained on 24.08.2015. Subsequently, on receipt of certified copy of judgment, while shifting the office of counsel on record, it was misplaced and it could not be traced immediately. Thereafter, after due search, it was traced out, however, there is a delay of 4048 days arose in representing the 1/3

above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances and on considering the reasons stated by the petitioner in the affidavit that after obtaining fresh certified copy of judgment, the same was misplaced and after due search, it was traced out and in order to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Civil Miscellaneous Appeal if it is otherwise found to be in order. The interest for the delay period is ordered to be waived. 08.08.2025 rpp 2/3

T.V. THAMILSELVI, J.

rpp C.M.P.No. 18882 of 2025 in C.M.A. SR.No. 106811 of 2013 08.08.2025 3/3