Madras High CourtCMP(MD)/5187/2019ordered

M/S.Tamil Nadu State Transport v. K.Malarvizhi,

2019-06-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Seventeenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5187 of 2019 IN CMA(MD) No.SR 35670 of 2017 M/S.TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, REP BY ITS MANAGING DIRECTOR, HAVING OFFICE AT PERIYAMILAGUPARAI, TIRUCHIRAPPALLI 620 002. ... PETITIONER/APPELLANT Vs 1 K.MALARVIZHI 2 K.PUNNIYAMURTHY 3 MENAKA 4 UDHAYA 5 MINOR POOVITHA ... RESPONDENTS/RESPONDENTS (Minor is represented by her mother & next friend 1st Petitioner K.Malarvizhi) 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 630 days in representing the above CMA.SR.No.35670 of 2017 and thus render justice. PRAYER in CMA.SR.No.35670 of 2017:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Principal District Court, Tiruchirapalli, in MCOP No.133 of 2015 dated 06.04.2017.

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.D.SIVARAMAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 630 days in representing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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.2,500/- (Rupees two thousand and five hundred only) to the Chief Justice Relief Fund, 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/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DITRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPALLI.

COPY TO : THE SECTION OFFICER, ACCOUNTS SECTION (CHIEF JUSTICE RELIEF FUND), 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.D.SIVARAMAN Advocate SR.No.9900

ORDER

IN CMP(MD) No.5187 of 2019 IN CMA(MD) No.SR 35670 of 2017 Date :17/06/2019 msa PK/PN/SAR-1/20.06.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/