Madras High CourtCMP(MD)/283/2019ordered

The Managing Director, v. Rajendran @ Raju,

2019-06-03Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.283 of 2019 IN CMA(MD) No.SR280 of 2019 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI. ... PETITIONER/ APPELLANT Vs 1 RAJENDRAN @ RAJU 2 V.SAKTHIVEL 3 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD, D.NO.5A, SUB COLLECTOR OFFICE ROAD, OPPOSITE TO DISTRICT COURT, DINDIGUL 624 001. ... 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 291 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P.No.1099 of 2012 dated 10.10.2017 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate Court, Madurai and thus render justice. PRAYER IN CMA(MD) No.SR280 of 2019:

To allow this appeal, setaside the award and decree made in M.C.O.P.No.1099 of 2012 dated 10.10.2017 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate 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:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 291 days in filing the above Civil Miscellaneous Appeal.

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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.1,500/- (Rupees one thousand and five hundred only) to the Legal Services Committee, 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 Civil Miscellaneous Appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 03/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1 THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, 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.283 of 2019 IN CMA(MD) No.SR280 of 2019 Date :03/06/2019 JM/VR/SAR 3/10.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/