B Company v. V. Nithya

2025:MHC:1540

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR O.S.A.No.188 of 2025 and CMP.No.12011 of 2025 M/s b Company Rep by its Proprietor, Mr.V.S.Binod, 146/4, Classic Emerald Apartment, Thirumangalam, Anna Nagar West, Chennai 600 040.

.. Appellant vs 1.V.Nithya 2.V.Shreya (Minor) rep by her Mother and natural guardian V.Nithya 3.V.Lakshya (Minor) rep by her Mother and natural guardian V.Nithya 4.K.Sathyavathy .. Respondents Prayer: Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent to set aside the order made in A.No.3265/24 in A.Sr.No.78868/24 in A.No.6512/23 in E.P.No.98/2022 dated 06.12.24 by the learned Judge.

For Appellant :

Mr.S.Ramesh Kumar For Respondents :

No appearance 1/3

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) Read this order in conjunction with and in continuation of earlier orders. Though description of the respondents is printed in the cause list, there is no representation by, or on their behalf. 2.This original side appeal challenges the order passed by a learned Single Judge refusing to condone the delay of 89 days in filing the application to set aside the order dated 20.03.2024 in A.No.6512 of 2023 in E.P.No.98 of 2022 by the Master.

3.The learned counsel for the appellant has filed an affidavit dated 03.06.2025, wherein he assumes responsibility for the delay in filing of the matter.

4.Being convinced with the explanation tendered, delay of 89 days is condoned and this original side appeal is allowed. No costs. Connected miscellaneous petition is closed.

[A.S.M., J] [N.S., J] 27.06.2025 sli Index:Yes/No Speaking order/Non-speaking order 2/3

DR. ANITA SUMANTH.,J.

and N.SENTHILKUMAR.,J.

sli O.S.A.No.188 of 2025 and CMP.No.12011 of 2025 27.06.2025 3/3