Madras High CourtCMP(MD)/1317/2019allowed

Tamil Nadu State Transport v. Mahalakshmi

2019-02-18Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.1317 of 2019 IN CMA(MD) No.SR52513 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LTD, MADURAI CORPORATION LTD, MADURAI. ... PETITIONER/APPELLANT Vs 1 MAHALAKSHMI 2 RAMBA ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 535 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in M.C.O.P No.657 of 2010 dated 31.01.2017 on the file of the Motor Accident Claims Tribunal/ District and Sessions Court, (Communal Clash Cases Court), Madurai and thus render justice.

PRAYER IN CMA(MD) No.SR52513 of 2018:

To allow this appeal, set aside the award and decree made in M.C.O.P.No.657 of 2010 dated 31.01.2017 on the file of the Motor Accident Claims Tribunal/District and Sessions Court(Communal Clash Cases Court) Madurai.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.PRABHAKARAN, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 535 days in filing the Civil Miscellaneous Appeal against the award and decree dated 31.01.2017 made in M.C.O.P.No.657 of 2010 on the file of the Motor Accident Claims Tribunal/District and Sessions Court, (Communal Clash Cases Court), Madurai.

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2. Heard the learned counsel appearing for the petitioner.

3. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition to condone the delay of 535 days in filing the Civil Miscellaneous Appeal. Since the delay is inordinate, the delay is condoned on condition that the petitioner / appellant shall pay a sum of Rs.1000/- (Rupees Thousand only) to the High Court Legal Services Authority attached to this Bench on or before 20.02.2019.

4. Registry is directed to number the appeal and post the matter on 20.02.2019 for admission and for disposal, if the papers are otherwise in order.

sd/- 18/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS COURT, (COMMUNAL CLASH CASES COURT), MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1. THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1317 of 2019 IN CMA(MD) No.SR52513 of 2018 Date :18/02/2019 TK/PN/SAR-1/19.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/