The court, while in a restoration application pending against a writ dismissed in 2019, condoned a delay of 723 days attributed to the pandemic. Notice was issued to another party before the hearing was scheduled.
Condonation of delay of 723 days in filing the restoration petition allowed; notice served on opposing counsel.
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W.M.P.No.27068 of 2021 in W.P.No.31014 of 2013
K.KUMARESH BABU, J.
The present petition has been filed seeking to condone the delay of 723 days in filing the restoration petition in W.P.No.31014 of 2013, dismissed for nonprosecution on 06.09.2019.
2.The present application has been filed in the month of September, 2021. Before the steps were being taken to restore the application, pandemic had intervened and the Hon'ble Apex Court had passed orders extending the period of limitaton.
3.Considering the same and also having benn satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 723 days is condoned and ordered as prayed for.
4.It is submitted that the learned counsel Mr.M.Magesh, who had appeared on behlaf of the 2nd respondent when the order dated 06.09.2019 was passed has moved an application for an attachment, for recovery of the dues to the 2nd respondent.
5.Considering the same, the learned counsel for the petitioner is directed to serve notice on him, informing him that the application for restoration will be taken up for hearing on 26.09.2022.
14.09.2022
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K.KUMARESH BABU, J.
W.M.P.No.27068 of 2021 in W.P.No.31014 of 2013
14.09.2022
1 issue framed by the court
Whether to condone the delay of 723 days in filing a restoration petition for a writ dismissed for non-prosecution during the pandemic.
The Petitioner
The 2nd Respondent
K.KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
