The Single Judge condoned the delay of 462 days in filing a Civil Miscellaneous Appeal. The court imposed a condition that if the appeal succeeds, no interest will be granted for the default period and ordered papers to be numbered and printed.
Delay condoned; appeal numbered subject to printing respondent's counsel name; condition attached regarding interest.
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C.M.P.No.14007 of 2020
in C.M.A.SR.No. 54434 of 2019
V.BHARATHIDASAN, J.
This Civil Miscellaneous Petition has been filed seeking to
condone the delay of 462 days in filing the above Civil Miscellaneous
Appeal. 2.Mrs.C.Bhuvanasundari, takes notice for the 2nd respondent. The 1st respondent remained exparte and the claimant has given up the 2nd respondent.
contending that the delay was not properly explained by the petitioner.
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condition that, in the event of appeal is being allowed, the appellant is not entitled for interest for the default period. Registry is directed to number the appeal, if the papers are otherwise in order and also directed to print the name of Mrs.C.Bhuvanasundari, learned counsel appearing
for 2nd respondent in the cause list.
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2 issues framed by the court
Whether the delay of 462 days in filing the appeal should be condoned based on reasons stated in the affidavit.
Whether the joint condition regarding interest for the default period is appropriate upon condonation of delay.
V.Bharathidasan
Mrs. C. Bhuvanasundari
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
