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Madras High CourtCMP(MD)/3614/2019allowed

The Managing Director, v. Glory Raja Packia Bai,

2019-04-25Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3614 of 2019 IN CMA(MD) No.SR13813 of 2019 THE MANAGING DIRECTOR, TAMILNADU TRANSPORT CORPORATION, RANITHOTTAM,NAGERCOIL. PETITIONER/APPELLANT Vs 1 GLORY RAJA PACKIA BAI, 2 REV.JOHN SAHAYAM, 3 REV.ELIEZER SWAMY DHAS, 4 ARNOLD HARRIS, 5 EBEN JOSEPH SELVARAJ, 6 SUMI KETZIAL, 7 JONES SAMUEL, 8 THILAK SINGH THAMBI, 9 DEVARAJ, (THE 9th RESPONDENT IS THE DRIVER OF THE APPELLANT AND THAT GIVEN UP) 10 GNANA SUDHA, 11 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD, XAVIER BUILDING, II FLOOR, PWD ROAD, NAGERCOIL.

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 2460 days in filing the CMA against the Award and Decree made in MCOP.No.11 of 2009 dated 27.03.2012 on the file of the MACT / Sub Court, Kuzhithurai and thus render justice. PRAYER IN CMA(MD) No.SR13813 of 2019 Allow this appeal, setaside the award and decree made in M.C.O.P.NO.11 of 2009 dated 27.03.2012 on the file of the Motor accident claims Tribunal / Sub Court, Kuzhithurai and pass such other or further orders.

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 of Mr.MURALI,Advocate for R11, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This Civil Miscellaneous Petition has been filed to condone the

delay of 2460 days in filing the above said appeal. 2.Heard the learned counsel for the petitioner. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed with cost of Rs.3,000/-.

4.The petitioner is directed to pay a sum of Rs.3,000/- to the credit of Legal Aid Services Authority attached to this Bench, within a period of three weeks from the date of receipt of a copy of this order, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeal and post the same in the normal course under the caption "for admission", if the papers are otherwise in order and after showing the proof of cost.

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KUZHITHURAI.

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

THE SUB-ASSISTANT REGISTRARE, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS/PN/SAR-1/03.05.2019/2P/5C

ORDER

IN CMP(MD) No.3614 of 2019 IN CMA(MD) No.SR13813 of 2019 Date :25/04/2019 https://hcservices.ecourts.gov.in/hcservices/