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Madras High CourtCMP/29220/2024delay condoned

Amirtham v. V.Mari

2024-12-19Honourable Mr Justice M.Dhandapani2 pages

CMP.No.29220 of 2024 in CMA.SR.No.167043 of 2024 M.DHANDAPANI, J.

This petition has been filed to condone the delay of 1802 days in filing the appeal in CMA.SR.No.167043 of 2024.

2. The learned counsel for the second respondent vehemently contended that the appellant is not entitled for the interest for the enhanced compensation amount, in the eventuality of appellant succeeding in the appeal, whereas he is entitled for interest only from the date of numbering the appeal.

3. Heard the learned counsel for the appellant and the learned counsel appearing for the second respondent. In view of the endorsement made by the learned counsel for the appellant, notice to the first respondent is dispensed with, since he remained ex-parte before the Tribunal.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to order this petition.

5. Accordingly this Petition is ordered. Registry is directed to number the appeal, if it is otherwise in order and post the main appeal for admission. It is underscored that in the eventuality of the appellant succeeding in the appeal to be taken on record, she would not be entitled to any interest for the above 1802 days.

19.12.2024 rap 1/2 https://www.mhc.tn.gov.in/judis

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