V.Arasu v. Usha

in A.S.SR.No.119421 of 2022 (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 representation of the captioned appeal and number of days is 295.

2. Mr.P.Tamilavel, learned counsel on record for petitioners / appellants draws our attention to paragraph Nos.3 & 4 of the support affidavit which read as follows:

'3. I respectfully submit that the above AS again returned with certain compliance on 08.02.2023 by giving 10 days time to represent the same. However, the returned papers could not be presented within time, since the counsel was constrained to shift his office from Karpagambal Nagar to Brindavan Street. During the course of shifting the office, the above case bundle has been mixed up with disposed bundles. There was a delay of 165 days in Page Nos.1/3

representing the above AS.

4. I respectfully submit that the above AS again returned with certain compliance on 12.09.2023 by giving 10 days time to represent the same. However, the returned papers could not be presented within time, since the junior working in the office at that time has misplaced the bundle and I have traced the bundle only during last week. Immediately, I have taken steps to comply with the returns. Accordingly, I have complied with the returns made by the Registry and represented the same immediately.'

3. Considering the facts and circumstances of the case and nature of the matter, we are inclined to accede to the aforementioned reasons.

4. Captioned CMP is ordered as prayed for. Delay condoned. [M.S., J] [K.G.T., J] 04.01.2024 mk Page Nos.2/3

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk in A.S.SR.No.119421 of 2022 (Filing Number) 04.01.2024 Page Nos.3/3