The Managing Director v. Venkatesh

C.M.P. No. 24648 of 2023 in C.M.A.SR.No.87815 of 2022 C.M.P. No. 24648 of 2023 in C.M.A.SR.No.87815 of 2022 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 393 days in representing the above Civil Miscellaneous Appeal against the award dated 19.04.2022 passed in M.C.O.P.No. 2987 of 2017, on the file of I Addl. Sub-Judge, Cuddalore.

2. Mr.C.Gauthamaraj, learned counsel for appellant submitted that after receipt of copy of the award on 07.08.2022, the appeal was immediately filed on 12.08.2022, however, unfortunately, their office clerk was met with an accident and he was not in a position to reach him. Since the case bundle was also misplaced, the appellant transport corporation is not able to represent appeal within a stipulated time, as a result of which, there is a delay of 393 days in representing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order. 03.07.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 24648 of 2023 in C.M.A.SR.No.87815 of 2022 T.V.THAMILSELVI, J.

rpp C.M.P.No. 24648 of 2023 in C.M.A.SR. No. 87815 of 2022 03.07.2025 https://www.mhc.tn.gov.in/judis