Crescent Auto Repairs And Services India Pvt. Ltd v. Chennaivazh Kovilpatti Uravinmurai Nadar Sangam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE CMP.No.22210/2024 in OSA.SR.No.114561/2024 Crescent Auto Repairs and Services India Private Limited rep.by its Director A.K.Abdullah ..Petitioner

Versus

1.M/s.Chennai Vaazh Kovilpatti Uravinmurai Nadar Sangam, rep.by its President L.M.Krishnaswamy Nadar No.18/1, Lattice Bridge Road Adyar, Chennai 20.

2.M/s.Chennai Vaazh Kovilpatti Uravinmurai Nadar Sangam, rep.by its President Mr.K.Ramamsamy Nadar Reg.No.45/84, No.43[18/1], Lattice Bridge Road Adyar, Chennai 20.

..Respondents Prayer:- Civil Miscellaneous Petition filed under section 5 of the Limitation Act to condone the delay of 206 days in filing the above Original Side appeal.

For Petitioner : Mr.Najeeb Usman Khan For R2 : Mr.S.Packiaraj

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The above Civil Miscellaneous Petition is filed to condone the delay of 206 days in filing the Original Side Appeal.

(2)The learned counsel for the petitioner has produced before this Court, proof of service of notice on the 1st respondent. (3)The petitioner/plaintiff has filed the suit for specific performance and lost the suit. The reasons stated by the petitioner is that the plaintiff wanted to change their counsel and the erstwhile counsel who was engaged to conduct the case before the Trial Court, refused to hand over the papers and give change of vakalat. The delay, according to the petitioner, was due to refusal of the erstwhile counsel to give change of vakalat and hand over the suit papers.

(4)Learned counsel for the 2nd respondent raised serious objection. He stated that the reason is false and made for the purpose of this case.

(5)Though the delay is inordinate, the reasons stated by the petitioner cannot be discarded.

(6)Having regard to the serious prejudice that is likely to be caused to the defendants in a suit for specific performance, this Court instead of awarding cost, is of the opinion that the fact that the appeal itself is filed with an inordinate delay of 206 days, shall be taken note of to assess the conduct of the appellant while hearing the appeal. (7)Hence, the petition is ordered and the delay of 206 days is condoned. (8)Registry is directed to number the original side appeal if the papers are otherwise in order and post the same for admission. [SSSRJ] [ADMCJ] 29.10.2024 AP Internet: Yes

S.S.SUNDAR, J., AND A.D.MARIA CLETE, J.

AP CMP.No.22210/2024 IN OSA.SR.No.114561/2024 29.10.2024