Full Judgment
in Challenging the award passed in M.C.O.P.No.398 of 2016, the petitioner preferred the above Cross Objections, however there is a delay of 108 days in representing the above Cross Objections arose. Hence, the present petition has been filed to condone the delay in representing the above appeal.
2. Mr.J.Mahalingam, learned counsel for petitioner submitted that the
above Cross Objections was returned for rectifying certain defects on 21.12.2023 and again on 07.05.2024, however, the required documents were not get by VI Judge, Court of Small Causes at Chennai and thereafter, papers wer misplaced with other bundles and it could not be traced immediately. Thereafter, after due search, it was traced out. Hence, there is a delay of 108 days arose in representing the above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.
3. Mr.P.Suresh Srinivasan, learned counsel for 1st respondent appeared and raised strong objections stating that no sufficient reason assigned for the delay.
4. Considering the facts and circumstances and on considering the
reasons stated by the petitioner in the affidavit that the bundle was misplaced, to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Cross Objections if it is otherwise found to be in order. The The interest for the delay period is ordered to be waived.
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