Allowed¶16

C.P. Gopinath v. C.P. Hemanth and 2 others

Madras HC15 Dec 2025A/6210/2025

Case brief

AI extract

What is this about?

Condonation of delay; 158 days; representation / re-presentation of original petition; OP.DR.No.175769 of 2024; A.No.6210 of 2025; original Will; locker; counsel unable to comply; lenient view; followed Division Bench order in OSA.No. 66 of 2023 (267-day delay condoned, Rs.25,000/- cost deleted); followed Single Judge order in A.No. 1219 of 2023 in Arb.OP.DR.NO. 9142 of 2022; no order as to costs; signed by MASTER; Madras High Court judis (mhc.tn.gov.in); decision dated 15.12.2025.

What did the court decide?

Delay of 158 days in representing the original petition OP.DR.No.175769 of 2024 is condoned; no order as to costs. ¶16

C.P. Gopinath Vs C.P. Hemanth and 2 others — Madras HC (2025) — LawSathi Research

¶1

¶2

A.No.6210 of 2025 in OP.DR.No.175769 of 2024

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MASTER 15.12.2025

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ORDER

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This application has been filed by the applicant to condone the delay of 158 days in representing the original petition in OP.DR.No.175769 of 2024.

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The reason stated for the delay in representation is that the counsel was not able to get the original Will from the locker and to comply the other facts. Therefore, the counsel is unable to represent it within the time.

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Now, the point to be decided is that whether the delay of 158 days can be condoned or not.

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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 an application in which the Hon'ble Division Bench condoned the delay by deleting the cost imposed. The extracted portion is hereunder.

¶9

“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 representing 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.”

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https://www.mhc.tn.gov.in/judis

¶11

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This order of Hon'ble Division Bench was followed by the Hon'ble Single Judge in A.No. 1219 of 2023 in Arb.OP.DR.NO. 9142 of 2022 and the same was allowed without cost. The portion extracted is hereunder.

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" In view of the earlier order passed by the learned single Judge in Applicatiion No. 1232 of 2023 dated 03.03.2023 which had been modified by the Division Bench of this Court in O.S.A.No. 66 of 2023 by judgment dated 29.03.2023, I am inclined to set aside the impugned order passed by the Learned master.

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Accordingly, this application is allowed. However, there shall be no order as to costs".

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Following the orders passed by our Hon'ble Division Bench in OSA.No. 66 of 2023 which was followed by the Hon'ble Single Judge in A.NO. 1219 of 2023 in Arb.OP.DR.No. 9142 of 2022, this court has no hestitation to take lenient view in this application and is inclined to allow this application.

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Accordingly, this application is allowed. No order as to costs.

¶17

MASTER

¶18

https://www.mhc.tn.gov.in/judis

C.P. Gopinath v. C.P. Hemanth and 2 others

Case brief

What is this about?

What did the court decide?

C.P. Gopinath v. C.P. Hemanth and 2 others

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What the court decided

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