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2014 DIGILAW 4427 (MAD)

Petitioner v. Respondent

2014-11-26

K.K.SASIDHARAN, SATISH K.AGNIHOTRI

body2014
Judgment 1. This is an application for condonation of delay of 528 days in filing the petition to set aside the order passed on 09.12.2011 and to restore WA.M.P.No.1100 of 2006 in WA.SR No.43359 of 2005. 2. The Registry of this Court pointed out several defects in the appeal. Since defects were not made good, the application was listed on 09.12.2011 in the open Court. The Division Bench, granting two weeks time to make good the defects, passed a peremptory order that in the event of non compliance, the appeal would stand dismissed automatically. The petitioners/appellants did not take any action thereafter. After a period of 528 days, the instant application was filed, stating that necessary steps could not be taken as required and as such, the delay has occurred. It is further stated that the delay occurred was neither willful nor wanton, but bona fide. 3. No other reason, which constitutes sufficient cause, is made out. It is also not pointed out that if the delay is not condoned, the illegality will be perpetuated or no right in favour of the respondent has accrued during this period. We are of the considered view that the petitioners/appellants have failed to make out a case for condonation of delay and as such, this petition is dismissed.