Application No.1935 of 2026 in C.S (Comm. Div). DR.No.72311 of 2026 MASTER 01.06.2026 ORDER 1. This application has been filed by the applicant to condone the delay of 29 days in representing the Application in DR.No.72311 of 2026 in the suit. 2. The reason stated for the delay in re-presentation is that the Registry returned the papers with a deadline date as 01.04.2026 for representation and on the same day, the applicant's counsel's colleague of his office due to sudden stroke of his colleague took him to the hospital and admitted him in the hospital and passed away. So, he could not represent the papers in time. 3. Now the point to be decided is that whether the delay of 29 days can be condoned or not? 4. This court has come across an order of our Hon'ble Division Bench in OSA.No.66 of 2023 to condone the delay of 267 days in representation in an application in which the Hon'ble Division Bench condoned the delay by deleting the cost imposed. The extracted portion is hereunder. “It is seen that the delay has occurred only in respect of re-presenting the original petition filed against the award passed by the first respondent Arbitrator and not in filing the same. Admittedly, this Court has dealt with umpteen number of cases, extending some leniency for condoning the delay. Applying the same analogy and also considering the explanation offered by the appellant for the delay in re-presenting the petition papers, this court is inclined to modify the order of the learned Judge, by deleting the costs of Rs.25,000/- imposed on the appellant, while condoning the delay in re-presenting the petition.” https://www.mhc.tn.gov.in/judis 5. This order of Hon'ble Division Bench was followed by the Hon'ble Single Judge in A.No. 1219 of 2023 in Arb.OP.DR.NO. 9142 of 2022 and the same was allowed without cost. The portion extracted is hereunder. "In view of the earlier order passed by the learned single Judge in Application No. 1232 of 2023 dated 03.03.2023 which had been modified by the Division Bench of this Court in O.S.A.No. 66 of 2023 by Judgment dated 29.03.2023, I am inclined to set aside the impugned order passed by the Learned Master. Accordingly, this application is allowed. However, there shall be no order as to costs". 6. Following the orders passed by our Hon'ble Division Bench in OSA.No. 66 of 2023 which was followed by the Hon'ble Single Judge in A.NO. 1219 of 2023 in Arb.OP.DR.No. 9142 of 2022, this court has no hesitation to take lenient view in this application and is inclined to allow this application. Accordingly, this application is allowed. No order as to costs. MASTER https://www.mhc.tn.gov.in/judis