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Madras High CourtCMP(MD)/2131/2019ordered

The Management, v. Tmt.K.Santhakumari,

2019-06-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2131 of 2019 IN CMA(MD) No.SR757 of 2019 THE MANAGEMENT, THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, NO.63, RASI PLAZA, WEST PRADAKSHAN ROAD, KARUR - 639002.

... PETITIONER/APPELLANT Vs 1 TMT.K.SANTHAKUMARI, 2 MINOR.K.SINEKA, 3 MINOR.K.SANJAI, 4 VEERAMALAI@EDUMBAN, (Minors are all represented by their Mother/ next friend, the 1st Respondent) 5 P.VIJAYALAKSHMI, ... 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 119 days in filing the above C.M.A.(MD) SR.No.757 of 2019 and thus render justice.

PRAYER IN CMA(MD) No.SR757 of 2019:

To set aside the award dated 09.07.2018 made in W.C.No.256 of 2014 on the file of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Tiruchirappalli and allow the appeal with costs 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.J.S.MURALI, Advocate for the petitioner and of MR.D.BOOPAL. Advocate for the respondents 1 to 3, fifth respondent not appeared either in person or by an advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 119 days in filing the above Civil Miscellaneous Appeal.

2.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 Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. 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" forthwith.

sd/- 24/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE COMMISSIONER OF WORKMEN COMPENSATION (DEPUTY COMMISSIONER OF LABOUR), TIRUCHIRAPPALLI.

COPY TO:- 1.

THE OFFICER INCHARGE LEGAL AID SERVICES 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.2131 of 2019 IN CMA(MD) No.SR757 of 2019 Date :24/06/2019 msa AE/PN/SAR-IV (27.06.2019) 3P 4C