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Madras High CourtCMP(MD)/2023/2019ordered

The Managing Director, v. Jeyaraman,S/O.Ponnusamy,

2019-06-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Tenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2023 of 2019 IN CMA(MD) No.SR47195 of 2016 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD., KUMBAKONAM TOWN, THANJAVUR DISTRICT.

... PETITIONER/ APPELLANT Vs JEYARAMAN ... 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 154 days in filing the CMA against the Award and Decree made in MCOP.No.506 of 2015 dated 18.02.2016 on the file of the Motor Accident Claims Tribunal / Special Sub Court, Thanjavur and thus render justice.

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, and respondent not appeared either in person or by an advocate, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 154 days in filing the above Civil Miscellaneous Appeal.

2.Despite the private notice being served on the respondent and his name is being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel.

3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench, forthwith, failing which this petition shall stand dismissed automatically without any further reference to this Court.

https://hcservices.ecourts.gov.in/hcservices/

4.This petition is accordingly ordered.

5. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" on 13.06.2019.

sd/- 10/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

COPY TO:

1. THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, 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.2023 of 2019 IN CMA(MD) No.SR47195 of 2016 Date :10/06/2019 MS/VR/SAR-2/10.06.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/