Madras High Court
The Superintending Engineer(H) vs S.P.Lakshmanan on 24 April, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
CMP No. 2624 of 2022
AND REV.APPL SR NO. 12536
OF 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2025
CORAM
THE HONOURABLE DR JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
CMP No. 2624 of 2022
AND REV.APPL SR NO. 12536 OF 2022
1. The Superintending Engineer(H)
Tamil Nadu Urban Development
Project, Chennai-15. (Now called as
Project Circle, H.R.S.Campus,
Chennai-25.
Appellant(s)
Vs
1. S.P.Lakshmanan
Engineering Contractor, No.12-A,
Sriram Nagar North, Alwarpet,
Chennai-18.
2.Selvanayagam Thomas, B.E, M.SC,
Chief Engineer (H) (Retired),
Chairman, Arbitration Committee, Flat
No.87, Poriyalar Nagar, Madurai 625
014.
1
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CMP No. 2624 of 2022
AND REV.APPL SR NO. 12536
OF 2022
3.P.L.Manickam M.E.,
Chief Engineer (H) (Retd) Member,
Arbitration Committee, No.28/a-5,
BabuRajendra Prasad Street, West
Mambalam, Chennai- 600 033
4.N.R.Jayavelu, B.E.,
Chief Engineer (H)(Retd), No.27, HIG,
80 Feet Road, Anna Nagar, Madurai-
625 020.
Respondent(s)
CMP No. 2624 of 2022
PRAYER
To condone the delay of 920 days in filing the above Review Petition.
REV.APPL SR No. 12536 of 2022
PRAYER
Review Petition filed under Order 47 Rule 1 r/w Section 114 of the Civil
Procedure Code, 1908 to review the judgment and decree passed in
O.S.A.No.94 of 2009 dated 04.06.2019.
CMP No. 2624 of 2022
For Appellant(s): Mr.Prashanth Kiran,
Govt.Advocate
For Respondent(s): M/s.R.Sivaraman, For R1 Rr2
and 4 - Not Pressed (vide Court
Order Date 28/02/2025) R3-no
Appearance.
2
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CMP No. 2624 of 2022
AND REV.APPL SR NO. 12536
OF 2022
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.)
This Miscellaneous Petition has been filed by the Superintending
Engineer (H), Tamil Nadu Urban Development Project, Chennai seeking
condonation of delay of 920 days in filing the Review Application.
2. On the earlier occasion, learned counsel for the petitioner had sought
time to file a better affidavit more fully explaining the delay and hence, in
addition to affidavit dated 21.01.2022 (I affidavit), affidavit dated 18.03.2025
(II affidavit) is also available on file.
3. On a comparison of the two affidavits, we do not find any significant
improvement in the II affidavit. This is for the reason that in both the affidavits,
the petitioner has only sought to take the benefit of the covid pandemic that was
on-going between 15.03.2020 and 28.02.2022.
4. The delay was originally computed at 920 days, and in our view
correctly. While so, the delay was sought to be reduced/truncated to 226 days
per the II affidavit. According to the petitioner, in computing the delay, the
period of covid pandemic between 15.03.2020 and 28.02.2022 must be
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AND REV.APPL SR NO. 12536
OF 2022
excluded as per the judgment of the Supreme Court 'In Re:Cognizance for
Extension of Limitation'. Hence, according to the petitioner, the delay is only
for a period of 226 days.
5. Learned counsel for the respondent would strenuously object to the
application placing reliance on the judgment of the Supreme Court in Sagufa
Ahmed and others V. Upper Assam Polywood Products Private Limited and
others ((2021) 2 SCC 317).
6. We have heard both learned counsel. We do not agree with the
petitioner that it is entitled for exclusion of the period between 15.03.2020 and
28.02.2022. As clarified by the Supreme Court in the aforesaid judgment, the
benefit of the ratio of the judgment in 'In Re:Cognizance for Extension of
Limitation' can be availed only by those petitioners who were vigilant and in
whose cases the limitation had expired during the period of pandemic, i.e.,
between 15.03.2020 and 28.02.2022.
7. The judgment would not apply to those cases where limitation had
expired even prior to 15.03.2020. In this regard, we extract paragraphs 16 and
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AND REV.APPL SR NO. 12536
OF 2022
17 of the judgment in Sagufa Ahmed and others (supra) below:
16. To get over their failure to file an appeal on or before
18.03.2020, the appellants rely upon the order of this Court dated
23.03.2020 in Suo Motu Writ Petition (Civil) No.3 of 2020. It reads
as follows:
“1. This Court has taken Suo Motu cognizance of the situation
arising out of the challenge faced by the country on account of
Covid19 Virus and resultant difficulties that may be faced by
litigants across the country in filing their
petitions/applications/suits/appeals/all other proceedings
within the period of limitation prescribed under the general law
of limitation or under Special Laws (both Central and/or
State).
2. To obviate such difficulties and to ensure that
lawyers/litigants do not have to come physically to file such
proceedings in respective Courts/Tribunals across the country
including this Court, it is hereby ordered that a period of
limitation in all such proceedings, irrespective of the limitation
prescribed under the general law or Special Laws whether
condonable or not shall stand extended w.e.f. 15th March 2020
till further order/s to be passed by this Court in present
proceedings.
3. We are exercising this power under Article 142 read
with Article 141 of the Constitution of India and declare that
this order is a binding order within the meaning of Article
141 on all Courts/Tribunals and authorities.
4. This order may be brought to the notice of all High Courts
for being communicated to all subordinate Courts/Tribunals
within their respective jurisdiction.
5. Issue notice to all the Registrars General of the High Courts,
returnable in four weeks.”
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AND REV.APPL SR NO. 12536
OF 2022
17. But we do not think that the appellants can take refuge
under the above order. What was extended by the above order of
this Court was only “the period of limitation” and not the period
upto which delay can be condoned in exercise of discretion
conferred by the statute. The above order passed by this Court was
intended to benefit vigilant litigants who were prevented due to the
pandemic and the lockdown, from initiating proceedings within the
period of limitation prescribed by general or special law. It is
needless to point out that the law of limitation finds its root in two
latin maxims, one of which is Vigilantibus Non Dormientibus Jura
Subveniunt which means that the law will assist only those who are
vigilant about their rights and not those who sleep over them.
8. The date of service of order, as against which Review Petition is sought
to be filed, is 04.07.2019. Hence the period of 30 days, within which the
Review Petition ought to have been filed, would expire on 04.08.2019. The
petition has ultimately come to be filed only on 17.02.2022, in fact, even during
the period of the pandemic.
9. In such circumstances and since the limitation had expired on
04.08.2019, long prior to the commencement of covid pandemic on 15.03.2020,
this is not a case where the petitioner can seek the benefit of the judgment of the
Supreme Court in In Re:Cognizance for Extension of Limitation' .
10. There is absolutely no other reason set out in either of the affidavits to
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AND REV.APPL SR NO. 12536
OF 2022
justify the enormous delay of 920 days and hence finding no merit in this
petition, the Miscellaneous Petition and Review Application in SR stage are
dismissed. No costs.
(ANITA SUMANTH J.)(C.KUMARAPPAN J.)
sl 24-04-2025
Index:Yes/No
Speaking order
Internet:Yes
Neutral Citation:Yes
CMP No. 2624 of 2022 & REV.APPL SR No. 12536 of 2022
To
1.S.P.Lakshmanan
Engineering Contractor, No.12-A,
Sriram Nagar North, Alwarpet,
Chennai-18.
2.Selvanayagam Thomas, B.E, M.SC,
Chief Engineer (H) (Retired),
Chairman, Arbitration Committee, Flat
3.P.L.Manickam M.E.,
Chief Engineer (H) (Retd) Member,
Arbitration Committee, No.28/a-5,
BabuRajendra Prasad Street, West
Mambalam, Chennai- 600 033
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AND REV.APPL SR NO. 12536
OF 2022
Dr.ANITA SUMANTH J.
AND
C.KUMARAPPAN,J.
sl
4.N.R.Jayavelu, B.E.,
Chief Engineer (H)(Retd), No.27,
HIG, 80 Feet Road, Anna Nagar, Madurai- 625 020.
and
REV.APPL SR NO. 12536 OF 2022
24.04.2025
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