Gokulam Chit And Finance Company Limited v. S.Chellappa
C.M.P.(MD).No.7477 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice ABDUL QUDDHOSE C.M.P.(MD).No.7477 of 2023 in S.A.(MD).SR.No.14362 of 2022 GOKULAM CHIT AND FINANCE COMPANY LIMITED, THROUGH ITS MANAGING DIRECTOR, HAVING OFFICE AT DOOR NO.66, SRI GOKULAM TOWERS, ARCOT ROAD, KODAMBAKKAM CHENNAI 600024 ... PETITIONER/APPELLANT Vs 1 S.CHELLAPPA 2 N.CHIDAMBARANATHAN ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 388 days caused in representing the papers in S.A.(MD)SR.No.14362/2022 and thus render justice. PRAYER IN S.A.(MD).SR.No.14362 of 2022:
To allow the Second Appeal by setting aside the Judgment and Decree dated 21.12.2021 made in A.S.No.56 of 2020, on the file of the Additional District and Sessions Judge(FTC), Tenkasi confirming the Judgment and Decree dated 07.02.2020 made in O.S.No.28 of 2019 on the file of the Principal Subordinate Judge, Tenkasi. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B. BRIJESH KISHORE, Advocate for the petitioner, the court made the following order:- This application has been filed to condone the delay of 388 days in representing the Second Appeal.
2. The reason given in the affidavit is that there was a delay in getting the lower court papers and therefore, the delay has arisen.
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C.M.P.(MD).No.7477 of 2023
3. Since the delay is 388 days, the petitioner/appellant must be put on terms. Accordingly, this Civil Miscellaneous Petition is allowed as prayed for on condition that the petitioner/appellant deposits a sum of Rs.1000/- (Rupees One Thousand only) to Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, within a period of one (1) week from the date of receipt of a copy of this order. On production of proof for having made the aforesaid payment within the stipulated time, Registry is directed to number the Second Appeal, if it is otherwise in order and list the same for admission. sd/- 28/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
lm TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE(FTC), TENKASI 2.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.
COPY TO 1.THE OFFICER IN CHARGE, ROJAVANAM, HOME FOR AGED AND POOR, MADURAI.
2.THE SUB ASSISTANT REGISTRAR, AE SECTIION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN C.M.P.(MD).No.7477 of 2023 in S.A.(MD).SR.No.14362 of 2022 Date :28/06/2023 RK/VS/SAR- (05/07/2023) 2P/6C https://www.mhc.tn.gov.in/judis 2/2