R.Chandrasekaran Alias Valasai Chandran v. M/S.Bolineni Developers Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P. DHANABAL in O.S.A.SR.No.20951 of 2020 R.Chandrasekaran alias Valasai Chandran ... Petitioner Vs.
1.M/s.Bollineni Developers Ltd., Registered Office at 1st Floor, Progressive Towers, 6-2-913/914, Khariatabad, Hyderabad - 500 004 with Branch Office at 87/39, Poes Garden, Chennai - 600 086 Through its Director B.Krishnaiah 2.Mr.Justice K.Sampath (deceased) Sole Arbitrator No.11, Second Street, Jagadambal Colony, Royapettah, Chennai - 600 014.
... Respondents
Prayer in C.M.P.No.25356 of 2024 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act r/w. Order II Rule 4(19) r/w. Order II Rule 4(20) of the Appellate Side Rules, 1965, r/w. Order XIV Rule 8 of Original Side Rules to condone the delay of 628 days in representing the Original Side Appeal in O.S.A.SR.No.20951 of 2020. Prayer in O.S.A.SR.No.20951 of 2020 : Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules r/w. Clause 15 of the Letters Patent against the order and decree dated 19.12.2019 in O.P.No.307 of 2013 on the file of this Court.
For Petitioner :
M/s.S.Hemalatha
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) This Civil Miscellaneous Petition is filed to condone the delay of 628 days in representing the above Original Side Appeal. 2.Even though the delay is inordinate, the petitioner, in the affidavit filed in support of this petition, has explained the cause for the delay to the
satisfaction of this Court. This Court is of the view that the delay could have been avoided by showing due diligence. Hence, the delay is condoned and this petition is ordered subject to payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the Tamil Nadu Legal Services Authority, Madras High Court Campus, Chennai - 600 104, within a period of two weeks from the date of receipt of a copy of this order.
(S.S.S.R., J.) (P.D.B., J.) 12.11.2024 mkn Internet : Yes
S.S. SUNDAR , J.
and P. DHANABAL , J.
mkn 12.11.2024