Madras High CourtCMP/30029/2024delay condoned

Selvi v. K. Mohan

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

CMP NO. 30029 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI CMP NO. 30029 of 2024 AND CMA SR NO. 29322 OF 2017 SELVI Res. at No.1/98, Pillaiyar Koil Street, Kondithope, Chennai - 007. and another Appellant(s) Vs K. Mohan No.111/505, K.T. Palayam, Pagandai, Panruti Taluk, Cuddalore - 105 (R-1 Remained Exparte before the tribunal, Hence Notice may be dispensed). and another Respondent(s) CMA SR NO. 29322 of 2017 Selvi And Another NIL Appellant(s) Vs K.Mohan And Other NIL Respondent(s) CMP NO. 30029 of 2024 For Appellant(s):

A.N.Viswanatha Rao Ramya V Rao For Respondent(s):

R1 - NDW Mr.J.Chandran for R2 CMA SR NO. 29322 of 2017

For Appellant(s):

M/s.A.N.Viswanatha Rao Ramya V. Rao For Respondent(s):

ORDER

This petition has been filed seeking to condone the delay of 1013 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 1013 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 1013 days in filing the appeal.

5.Registry is directed to number the appeal if it is otherwise in order. 07-01-2025

CMP NO. 30029 of 2024 To

1. K. Mohan No.111/505, K.T. Palayam, Pagandai, Panruti Taluk, Cuddalore - 105 (R1 Remained Exparte before the tribunal, Hence Notice may be dispensed).

2. National Insurance Co. Ltd No.751, Mount Road, Chennai - 002.

CMA SR NO. 29322 of 2017

1. K.Mohan And Other NIL pri