Madras High CourtCMP(MD)/2833/2019ordered

Sivakami, v. K.Nataraj,

2019-06-24Honourable Mrs Justice J. Nisha Banu2 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.2833 of 2019 IN CMA(MD) No.SR47418 of 2018 1 SIVAKAMI 2 MURUGAN @ PALANISAMY (*)3 RAMESH ... PETITIONERS/APPELLANTS (*)A-3 is declared as major and the guardianship is discharged as per order dated 05.03.2019 in cmp.11334/18 in CMASR.47418/18 by SRTJ.

Vs 1 K.NATARAJ 2 THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD., 60, WEST BOULEWARD ROAD, TRICHIRAPALLI-620 008. ... RESPONDENTS/RESPONDENTS (1st Respondent is set ex-parte in Tribunal. Hence the 1st Respondent may be Dispensed with) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order to condone the delay of 1061 days in filing the Civil Miscellaneous Appeal.

PRAYER in CMA(MD) No.SR47418 of 2018:

To modify the order passed by the Deputy Commissioner of Labour, Dindigul made in W.C.No.113 of 2012 dated 20.10.2015 by allowing the Civil Miscellaneous Appeal.

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.N.SUDHAGAR NAGARAJ, Advocate for the petitioner and of MR.J.S.MURALI, Advocate on behalf of the 2nd Respondent, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Mr.J.S.Murali, learned Counsel takes notice for the second respondent.

2.This petition has been filed by the petitioners seeking to condone the delay of 1061 days in filing the above Civil Miscellaneous Appeal.

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.2,000/- (Rupees two thousand 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.

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" forthwith.

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

TO THE DEPUTY COMMISSIONER OF LABOUR, DINDIGUL.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.N.SUDHAGAR NAGARAJ Advocate SR.No.

ORDER

IN CMP(MD) No.2833 of 2019 IN CMA(MD) No.SR47418 of 2018 Date :24/06/2019 msa PK/PN/SAR-3/27.06.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/