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Madras High CourtCMP/29482/2023ordered

Managing Director v. H. Surya

2024-01-04Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi3 pages

in C.M.A.SR.No.75867 of 2023 (Filing Number) M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., [Order of the Court was made by M.SUNDAR. J] Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] has been filed with a 'Condonation of Delay' ['COD' for the sake of brevity] prayer. COD sought is qua 125 days delay in paying deficit Court fee of Rs.33,574/-.

2. Mr.C.R.Suresh Kumar, learned counsel on record for petitioner / appellant draws our attention to paragraph Nos.5 and 6 of the support affidavit which read as follows:

'5. I state that after we received the award from the Tribunal we obtain the legal opinion from our panel Advocate if it is a fit case to file an appeal before the High Court and thereafter the award copy was placed before the appropriate committee for approval for filing the appeal.

6. I state that thereafter we have handed over the case papers to our panel advocate in the High Court. Our counsel also filed the above CMA on 14.06.2023 with deficit Court fee.' Page Nos.1/3

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk

3. Mr.M.Sivakumar, learned counsel (Enrollment No.1611 of 2003) with address for service at Room No.11, IInd Floor, Hussain Plaza, No.160, Thambu Chetty Street, Chennai-600 001, who is before this Court accepts notice for all five respondents and very fairly submits that he is not opposing COD prayer.

4. Therefore, without dilating further, we make a consent order and consent order is, captioned CMP is ordered as prayed for. Delay condoned. [M.S., J] [K.G.T., J] 04.01.2024 mk in C.M.A.SR.No.75867 of 2023 (Filing Number) Page Nos.2/3

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