← Library
Madras High CourtCMP/5025/2020dismissed

N.R.Chandrasekaran v. S.Sivakumar

2022-08-01Honourable Mrs Justice J. Nisha Banu3 pages

The above Civil Miscellaneous Petition has been filed to extend the time granted by this Court to comply with the conditional order dated 09.07.2018 passed in the main Civil Revision Petition.

2. Heard the learned counsel appearing on either side and perused the order, dated 09.07.2018.

3. It is seen that this Court while allowing the Civil Revision Petitions in C.R.P.Nos.3640 and 4151 of 2013, imposed cost of Rs.75,000/- in each case, payable to the first respondent or the learned counsel appearing for the first respondent, within a period of four weeks from the date of receipt of a copy of the order and on compliance, the Court below was directed to number the set aside application and to pass orders within a period of two months, after giving notice to both sides. Further, the Court below was directed to dispose of the suit within a period of three months thereafter.

4. But, it is seen that the petitioner did not comply with the condition imposed by this Court and came forward to file the above Civil Miscellaneous Petition seeking for extension of time only in the year 2020.

5. Perusal of records show already there was a delay of 2527 days in filing the set aside application. The Civil Revision Petition was allowed as early as on 09.07.2018 and a period of four years had elapsed from the date of order. Further, the petitioner has not stated any valid reason for non-compliance of the order. Hence, this Court is not inclined to allow this petition.

6. In the result, this Civil Miscellaneous Petition is dismissed. 01.08.2022 Jer/pm

J.NISHA BANU , J.

Jer/pm 01.08.2022