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Madras High CourtCMP(MD)/10352/2017ordered

Murugan, v. Tamil Nadu State Transport

2018-04-11Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10352 of 2017 IN CMA(MD) No.SR42157 of 2017 MURUGAN ... PETITIONER/APPELLANT Vs 1 TAMIL NADU STATE TRANSPORT CORPORATION LTD., THRO. ITS MANAGING DIRECTOR, VIRUDHUNAGAR.

2 SETHUPRAKASH 3 IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, KBS ARCADE NO.2, 2ND FLOOR 4/1044, KOVIL MAIN ROAD, KARUR. ... 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 409 days in filing the above Civil Miscellaneous Appeal and thus render justice. PRAYER IN CMA(MD) No.SR42157 of 2017 To prefer this Memorandum of Civil Miscellaneous Appeal against the judgment and Decree made in M.C.O.P.No.995 of 2014 on the file of the Motor Accident Claims Tribunal, (Special Sub Court) Tirunelveli, dated 08.02.2016.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner and of MR.K.SUDALAIYANDI, Advocate for R1, and MR.V.SAKTHIVEL, Advocate for R3, the court made the following order:- This petition has been filed to condone the delay of 409 days in filing the above civil miscellaneous appeal in C.M.A(MD) No.SR42157 of 2017, against the award passed in M.C.O.P.No.995 of 2014.

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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.1,000/- (Rupees One Thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a 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.

sd/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

COPY TO :

THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10352 of 2017 IN CMA(MD) No.SR42157 of 2017 Date :11/04/2018 PK/KAK-PN/SAR-2/16.04.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/