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Madras High CourtCMP(MD)/87/2019ordered

The Tamil Nadu State Transport v. Mahalakshmi

2019-01-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.87 of 2019 IN CMA(MD) No.SR29061 of 2018 THE TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI LIMITED), THROUGH ITS THE MANAGING DIRECTOR, MADURAI ... PETITIONER/APPELLANT Vs 1.MAHALAKSHMI 2 MINOR.AJITHKUMAR 3 MINOR.JEYALAKSHMI, (MINOR RESPONDENTS 2&3 THROUGH ITS REP. BY MOTHER AND NATURAL GUARDIAN OF THE 1ST RESPONDENT) 4 MUTHULAKSHMI ... 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 122 days in representing the Civil Miscellaneous Appeal in CMA (MD)SR.No.

29061 of 2018 before this Honble Court against the Judgment and Decree passed 03.12.2016 passed in M.C.O.P.No.4 of 2010 on the file of the Motor Accident Claims Tribunal (Sub Court), Kovilpatti and thus render justice. PRAYER IN CMA(MD) No.SR29061 of 2018:- To set aside the Judgment and Decree in MCOP.No.4 of 2010 dated 03.12.2016 on the file of the Motor Accident Claims Tribunal/Sub Court, Kovilpatti and thus render justice.

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.K.SUDALAIYANDI, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed to condone the delay of 122 days

in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR.29061 of 2018.

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.500/- (Rupees Five Hundred only) to the "Legal Services Authority, attached to the Madurai Bench of Madras High Court", 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/- 18/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

ORDER

IN CMP(MD) No.87 of 2019 IN CMA(MD) No.SR29061 of 2018 Date :18/01/2019 AE/JC/SAR2/28.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/