The New India Assurance Co Ltd v. T.Malarkodi

C.M.P.No.1634 of 2024 C.M.P.No.1634 of 2024 in C.M.A.SR.No.89286 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 delay in representation of the captioned appeal and number of days (delay) is 92.

2. Mr.J.Chandran, learned counsel on record for petitioner / appellant draws our attention to paragraph No.3 of the support affidavit which reads as follows:

'3. I submit the grounds of appeal was returned by the Hon'ble Court on 28.07.2023 for want of Deposit Receipt u/s.173 of MV Act, since the original receipt was misplaced and could not be traced from the Divisional Office. We are able to get the copy of the receipt only on 07.11.2023 and the grounds of appeal was represented on 08.11.2023. I submit the delay of representing the appeal was due to bona fide reasons only.'

M.SUNDAR, J., https://www.mhc.tn.gov.in/judis Page Nos.1/2

C.M.P.No.1634 of 2024 and K.GOVINDARAJAN THILAKAVADI, J., mk

3. Considering the facts and circumstances of the case and nature of the matter, we are inclined to accept the aforementioned reason and accede to the CoD prayer.

4. Captioned CMP is ordered as prayed for. Delay condoned. [M.S., J] [K.G.T., J] 13.02.2024 mk C.M.P.No.1634 of 2024 in C.M.A.SR.No.89286 of 2023 (Filing Number) https://www.mhc.tn.gov.in/judis Page Nos.2/2