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Madras High CourtCMP/29951/2024delay condoned

Saniya v. R.Karthikeyan

2025-01-07Honourable Mr Justice M.Dhandapani3 pages

CMP NO. 29951 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI CMP NO. 29951 of 2024 AND CMA SR NO. 172269 OF 2024 SANIYA W/o. Late.Sanbasha Babu, No. 2/692, Pachur Kottay, Marachandhiram, Krishnagiri District 635121 and 5 Others Appellant(s) Vs R.Karthikeyan S/o. Rajendhiran, No. 309, Kumasthampatti, Thumbal (via) Edaiyapatti Attur, Salem District 636114 and another Respondent(s) CMA SR NO. 172269 of 2024 SANIYA Appellant(s) Vs R. Karthikeyan Respondent(s) CMP NO. 29951 of 2024 For Appellant(s):

S.P.Yuaraj For Respondent(s):

R1 - NDW endorsement made in the grounds Mr.J.Chandran for R2 CMA SR NO. 172269 of 2024 For Appellant(s):

For Respondent(s):

ORDER

This petition has been filed seeking to condone the delay of 351 days in filing the appeal.

2.Heard the learned counsel appearing for the petitioner and Mr.J.Chandran, learned counsel who takes notice on behalf of the second respondent. The learned counsel appearing for the petitioner submits that the first respondent remained exparte before the tribunal and hence, notice to the first respondent may be dispensed with and also made endorsement to that effect. Therefore, notice to the first respondent is dispensed with. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is ordered and the delay of 351 days in filing the appeal is condoned.

4.It is made clear that in the event of this Court enhancing the award amount, the petitioners shall not be entitled to any interest for the period of delay of 351 days in filing the appeal.

5.Registry is directed to number the appeal if it is otherwise in order. 07-01-2025 CMP NO. 29951 of 2024 To

1. R.Karthikeyan S/o. Rajendhiran, No. 309, Kumasthampatti, Thumbal (via) Edaiyapatti Attur, Salem District 636114

2. The Manager New India Assurance Co Ltd.

Branch Office, No. 7, B.K.Building, Ramalinga Madalaya Street, Gugai, Salem 636006 CMA SR NO. 172269 of 2024

1. R. Karthikeyan pri