Wind World India Limited v. Rajendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD). No.10032 of 2025 in SA(MD)SR.No.49895 of 2025 Wind World India Limited ... Petitioner Vs

1. Rajendran

2. Muthaiah

3. Packiadurai

4. Superintending Engineer

5. Executive Engineer, Wind Energy Development Cell Tamilnadu Electricity Board, Maharaja Nagar, Tirunelveli-627 002.

... Respondents PRAYER :- To condone the delay of 814 days in filing SA(MD)Sr.No. 49895/2025 and pass such other or further orders. For Petitioner : Mr. M.Dhamodaran, Advocate.

For Respondents 4 & 5 : Mr.B. Ramanathan, Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking condonation of a delay of 814 1/3

days in preferring the Second Appeal.

2. Despite service of notice on the contesting respondents / plaintiffs, who have succeeded concurrently before the Courts below, they have not chosen to enter appearance at the stage of consideration of the delay condonation petition.

3. The learned counsel appearing for the petitioner submits that the petitioner is a private limited company and that, although the copy application was made ready on 02.01.2023, it had to be forwarded to the Head Office for necessary instructions and approval for preferring a Second Appeal. Further, obtaining a legal opinion from the panel advocate also consumed considerable time, resulting in the delay in filing the Second Appeal.

4. According to the petitioner, the Execution Petition is still pending and the parties have also been referred to mediation. The respondents are, therefore, well aware of the pendency of the proposed 2/3

Second Appeal.

5. In the light of the above circumstances, and considering the fact that the decree contains a mandatory direction against the petitioner, this Court is satisfied that sufficient cause has been shown for the delay. The delay having been adequately explained on account of administrative reasons, this Court is inclined to condone the same.

6. Accordingly, this Petition is allowed and the delay of 814 days in filing the Second Appeal is condoned.

03.06.2026 TRP Note: Registry is directed to number the Second Appeal if it is otherwise in order and list it for admission in the usual course. 3/3