A party must demonstrate sufficient cause for delays in legal proceedings; mere failure to act does not justify condonation.

O R D E R

The Civil Revision Petition has been filed against the order passed in I.A.No.4 of 2023 in MCOP No.261 of 2020 dated 18.04.2024 by the learned District Judge, Krishnagiri, dismissing the application filed under Section 5 of Limitation Act to condone the delay of 634 days in filing the petition to set aside the exparte decree dated 20.04.2021 passed in MCOP.

2. The respondents, who are wife, children and parents of one Prabakaran, who died in a road accident on 01.10.2019 involving the bus belonging to the petitioner Transport Corporation, bearing Registration No.TN-29-N-2376, had filed MCOP No.261 of 2020, seeking compensation.

3. It is the case of the petitioner/Transport Corporation that the petitioner had received notice on 12.03.2020 and thereafter, on 12.11.2020, the standing counsel Mrs.N.Kalaiyarasi had appeared before the Tribunal and undertook to file vakalat for the petitioner/Transport Corporation. Thereafter, time was granted from 29.07.2020 to 04.01.2021 to file vakalat along with counter. However, since vakalat and counter were not filed, the petitioner/ Transport Corporation was set exparte on 04.01.2021 and thereafter, exparte order was passed by the Tribunal on 20.04.2021. Subsequently, the respondents have filed Execution Petition in E.P.No.124 of 2021. Notice was served on the petitioner/Transport Corporation on 19.11.2021. The petitioner/Transport Corporation appeared in the Execution Petition through Standing Counsel Mrs.N.Kalaiyarasi and filed vakalat on 14.12.2021. The petitioner also filed counter in the Execution Petition and on 16.12.2022, during the course of enquiry in the Execution Petition, the petitioner/Transport Corporation undertook to pay the award amount in five installments. However, once again, the petitioner/Transport Corporation did not obey the order of the Tribunal and failed to pay the amount as agreed and the Tribunal passed the order of attachment. As per the order of attachment dated 03.02.2023, the bus bearing Registration No.TN-29-N-3055, belonging to the petitioner/Transport Corporation was ordered to be kept in safe custody. Thereafter, the petitioner/Transport Corporation filed CRP No.899 of 2023 to set aside the order passed in EP No.124 of 2021 in MCOP No.261 of 2020. This Court, by order dated 28.03.2023, set aside the order passed in E.P.No.124 of 2021 and allowed CRP No.899 of 2023 on condition that the petitioner shall deposit Rs.15,00,000/-(Rupees Fifteen Lakhs only) to the credit of MCOP No.261 of 2020 within a period of four weeks from the date of that order and the respondents were also permitted to withdraw a sum of Rs.10,00,000/- by filing an affidavit of undertaking. The petitioner/Transport Corporation deposited a sum of Rs.15,00,000/- on 31.03.2023 to the credit of MCOP No.261 of 2020 and the order of attachment was raised on the same day.

4. While so, the petitioner filed an application in I.A.No.4 of 2023 in MCOP No.261 of 2020 seeking to condone the delay of 634 days in filing the petition to set aside the exparte decree dated 20.04.2021. The Tribunal found that the petitioner, having entered appearance in Execution Petition and filed counter and also having given an undertaking to pay the exparte award, failed in complying with the undertaking. The Tribunal further found that only in order to delay the proceedings, the petitioner had filed the petition to condone the delay in filing the petition to set aside the exparte decree and moreover, the petitioner has not shown sufficient cause to condone the huge delay in filing the petition and dismissed the petition, against which, the present Civil Revision Petition is filed.

5. The learned counsel for the petitioner/Transport Corporation would submit that the petitioner had complied with the undertaking given before this Court in CRP No,899 of 2023 and had also deposited a sum of Rs.15,00,000/- (Rupees Fifteen lakhs only) to the credit of MCOP No.261 of 2020 and due to the miscommunication between the earli