The Chairman v. M.Srinivasan
Case brief
What is this about?
Application to condone a 76-day delay in preferring an appeal was opposed on grounds of insufficient cause, but the court held substantial justice prevails over technical objections and condoned the delay.
What the court decided
C.M.P.No.640 of 2024 in W.A.SR.No.30874 of 2023
THE HON'BLE CHIEF JUSTICE
and
D.BHARATHA CHAKRAVARTHY, J.
Heard Mr.S.Kalaiselvan, learned counsel for the applicants and Mr.M.Sridhar, learned counsel for the non-applicant.
This application is filed to condone the delay of 76 days in preferring the appeal.
Learned counsel for the non-applicant opposes the application on the ground that no sufficient cause is mentioned in the affidavit and further submits that it is only after filing of the contempt petition, the appeal has been filed.
It is trite that every day's delay is not expected to be explained with mathematical precision. Whenever cause for substantial justice and technical consideration are pitted against each other, cause for substantial justice has to be subserved. The delay is also not an abnormal one, the delay is of 76 days.
For the reasons stated in the accompanying affidavit, the delay of 76 days in preferring the appeal is condoned. The application, accordingly, stands allowed and is disposed of.
drm
Issues for consideration
1 issue framed by the court
Whether the 76-day delay in filing the appeal should be condoned?
Coram
The Hon'ble Chief Justice
D. Bharatha Chakravarthy
Case details
As recorded by the court registry
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