[Cites 1, Cited by 0]
Madras High Court
R.Balasubramaniam vs The General Manager on 12 March, 2026
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
C.M.P.No.25601 of 2025 in
W.A.Sr.No.134074 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2026
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR
C.M.P.No.25601 of 2025 in W.A.Sr.No.134074 of 2025
R.Balasubramaniam .. Petitioner
Vs.
1. The General Manager
Canara Bank, Head Office
112, J.C.Road, Bangalore – 560 002.
2. The Deputy General Manager
Canara Bank, HRM Section
Central Office, Chennai – 600 018.
3. The Chief Manager
Canara Bank, Alangapuram Branch, Salem – 636 016.
4. R.Vimala
5. Remya P. Nair
6. Toms Verghese
7. Venkatesh Tamilurkar
8. Santhosh Thomas
9. Maram Srikanth .. Respondents
Prayer: Petition filed under Section 5 of the Limitation Act, to
condone the delay of 2613 days in filing the writ appeal.
For the Petitioner : Ms.Vijayalakshmi Raju
For the Respondents : Mr.C.Seethapathy
for R1 to R3
Page 1 of 4
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C.M.P.No.25601 of 2025 in
W.A.Sr.No.134074 of 2025
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
Heard Ms.Vijayalakshmi Raju, learned counsel for the
petitioner and Mr.C.Seethapathy, learned counsel for respondents 1
to 3.
2. The delay is 2613 days in filing W.A.Sr.No.134074 of 2025.
The reasons for such delay has been stated in paragraphs 8, 9 and
10 of the affidavit, which reads thus:-
“8. From 2017 onwards, I suffered multiple health
problems including an orthopedic injury, TURP
surgery in 2021, eye surgery in 2022, and
prolonged Ayurvedic Rehabilitation in 2024. These
conditions restricted my capacity to pursue
litigation diligently.
9. I also faced financial difficulties, including
availing a pension loan to meet medical and
household expenses, which further constrained
my ability to engage counsel.
10. Due to lack of proper legal advice, I was
unaware of my right to prefer a writ appeal
against the closure of my writ petition. I was only
upon engaging new counsel in 2024 that I was
advised about this remedy, whereupon I acted
promptly to file the present appeal.”
3. Having perused the said reasons given by the petitioner for
condoning such huge delay of 2613 days, it has been mentioned
that he underwent some surgeries in the year 2021 and 2022 and
prolonged Ayurvedic rehabilitation in the year 2024 and also has
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C.M.P.No.25601 of 2025 in
stated that, he was not aware of his right to prefer a writ appeal
against the closure of his writ petition. It was only after engaging a
new counsel in the year 2024, he came to know as per his advice
that, he has got a remedy of filing the writ appeal.
4. These kind of ignorance of law, that the right accrued on
the petitioner under law to prefer an appeal, cannot be an excuse,
that too, for condoning the delay of 2613 days. As per various
judgments of the Hon'ble Supreme Court, these kind of reasons
cannot be acceptable for condoning the delay, as by condoning such
huge delay, since greater prejudice would be caused to the other
side of the lis, that kind of indulgence cannot be shown.
5. In that view of the matter, we are not inclined to entertain
this petition, accordingly, it is dismissed. As a result of which, the
main writ appeal in W.A.Sr.No.134074 of 2025 stands rejected in
the SR stage. No costs.
(R.S.K., J.) (N.S., J.)
12.03.2026
Speaking Order/Non-Speaking Order
Neutral Citation:Yes/No
Internet:Yes/No
Index:Yes/No
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C.M.P.No.25601 of 2025 in
(drm)
R. SURESH KUMAR, J.
AND
N. SENTHILKUMAR, J.
(drm)
C.M.P.No.25601 of 2025 in
12.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 01:33:07 pm )
