Madras High Court
The Secretary vs M.Mohammed Hussain on 19 April, 2023
C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
The Secretary
(Now redesignated as the General Manager)
No.118 Krishnagiri Co-operative Urban Bank Ltd.,
Krishnagiri – 635 001. .. Petitioner/
Appellant
Vs
1.S.Shanmuganantham
1.M.Mohammed Hussain
2.The Deputy Registrar of Co-operative Societies,
Krishnagiri. .. Respondents
Prayer: C.M.P.Nos.8460 and 8478 of 2023 filed under Section 5 of the
Limitation Act to condone the delay of 1236 days in filing the writ
appeals against the order dated 16.07.2019 passed in W.P.Nos.17382
and 17383 of 2010.
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C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
Writ Appeals SR filed under Clause 15 of the Letters Patent against the
order dated 16.07.2019 passed in W.P.Nos.17382 and 17383 of 2010.
For the Petitioner/ : Mr.J.Hariharan
Appellant
COMMON JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
These miscellaneous petitions have been filed to condone the
huge delay of 1236 days in filing W.A.Nos.SR 38093 and 38094 of
2023 against the order dated 16.07.2019 passed in W.P.Nos.17382
and 17383 of 2010.
2. Mr.J.Hariharan, learned counsel appearing on behalf of the
petitioner, would submit that they have obtained certified copies of
the order on 30.9.2019 and before the petitioner could make a
decision on filing the appeal, the entire country was stuck with
Covid-19 pandemic and, hence, the petitioner could not file an
appeal. He would submit that after the situation became normal,
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C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
the petitioner has filed these appeals with a delay of 1236 days and
the delay is neither willful, nor wanton. Hence, the delay may be
condoned.
3. A perusal of the affidavits shows that the order in the writ
petitions was pronounced on 16.7.2019 and the petitioner applied
for copies on 18.7.2019 and copies were made ready on 30.9.2019
and delivered to learned counsel for the petitioner on the same day
itself. If we calculate the 30 days period, the appeal ought to have
been filed on or before 29.10.2019. However, the petitioner has
failed to file the appeal within 30 days. On the other hand, the
petitioner pleaded that before a decision could be taken for filing an
appeal, Covid-19 pandemic started and, therefore, the appeal could
not be filed. The aforesaid reason cannot be countenanced for the
simple reason that the first surge of pandemic started during March,
2020 only. The petitioner slept over the matter for nearly five
months even before the pandemic hit the nation.
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C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
4. The affidavit filed in support of the petition is bereft of
particulars, inasmuch as, there is no sufficient cause mentioned for
the delay. We find no acceptable and cogent reason for condoning
the inordinate delay of 1236 days. Moreover, condonation of the
delay by this Court without any sufficient cause would amount to
substituting the period of limitation stipulated by the Legislature.
For the foregoing reasons, the civil miscellaneous petitions are
dismissed. Consequently, W.A.Nos.SR 38093 and 38094 of 2023
are rejected. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
19.04.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
C.M.P.Nos.8460 and 8478 of 2023
and W.A.Nos. SR 38093 and 38094 of 2023
19.04.2023
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https://www.mhc.tn.gov.in/judis
