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Madras High CourtCMP/28431/2024delay condoned

The Managing Director v. Anbarasi

2024-12-10Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice R.Sakthivel3 pages

CMP. 28431 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP. 28431 of 2024 in CMA.SR.No.16980 of 2023 The Managing Director Tamil Nadu State Transport Corporation, Villupuram ..Appellant Vs

1. Anbarasi

2. Minor Manikandan, S/o Jayabalan @ Jayabal

3. Minor Balachandran, S/o Jayabalan @ Jayabal 2nd and 3rd respondents represented by their Guardian/Mother Anbarasi

4. Meenatchi RESPONDENT(S) Prayer in CMP.No.28431 of 2024 Petition filed under Section 173 (1) of MV Act praying to condone the delay of 146 days in re-presenting the appeal

Prayer in CMSA SR No.16980 of 2023 Appeal preferred under Section 173 of MV Act against the award the decree of the Motor Accident Claims Tribunal cum Special District Judge, Villupuram made in MCOP.No.102 of 2018 dated 21.04. 2022 This petition coming for orders upon perusing the petition and the affidavit filed in support thereof on the file of this Court and upon hearing the arguments of Mr.J.Tamilselvi, Advocate for the petitioner, this court made the following order:

ORDER

(Order of the Court was made by the Hon'ble Mrs.Justice J. Nisha Banu J) This miscellaneous petition has been filed to condone the delay of 146 days in representing the appeal.

2. Heard the learned counsel for the petitioner. 3.Considering the submission made and on being satisfied with reasons stated in the affidavit, this Court is of the view that the delay may be condoned, however, on payment of cost. Accordingly, the delay is condoned on payment of cost of Rs.1,000/- (Rupees One Thousand only) by the petitioner to the Tamilnadu Legal Aid Services Authority, Chennai, on -2-

J.NISHA BANU, J.

and R.SAKTHIVEL,J.

vsi or before 07.01.2025 and the Registry is directed to number the main appeal, if otherwise, in order and post it for admission on 08.01.2025. If the cost is paid on or before 07.01.2025, this petition stands allowed. If the cost is not paid on or before 07.01.2025, this C.M.P. stands dismissed without any reference to this Court.

(J.N.B.,J.) (R.S.V.,J.) 10-12-2024 vsi CMP.No. 28431 of 2024 in CMA.SR.No.16980 of 2023