R.Pandara Nadar v. R.Lakshmanan

A.No. 6062 of 2023 in OP.D.No.94910 of 2025

MASTER 09.12.2025

Order

This application has been filed by the applicant to condone the delay of 110 days in representing the original petition in OP.D.No.94910 of 2025.

The reason stated for the delay in representation is that, there was a delay in obtaining the disability certificate of Mr.Syed Munzir.

Now the point to be decided is that whether the delay of 106 days can be condoned or not.

This court has come across an order of our Hon'ble Division Bench in OSA.No. 66 of 2023 to condone the delay of 267 days in representation in a similar application in which the Hon'ble Division Bench condoned the delay. The extracted portion is hereunder.

“It is seen that the delay has occurred only in respect of re-presenting the original petition filed against the award passed by the first respondent Arbitrator and not in filing the same. Admittedly, this Court has dealt with umpteen number of cases, extending some leniency for condoning the delay. Applying the same analogy and also considering the explanation offered by the appellant for the delay in re-presenting the petition papers, this court is inclined to modify the order of the learned Judge, by deleting the costs of Rs.25,000/- imposed on the appellant, while condoning the delay in re-presenting the petition.”