Madras High CourtCMP(MD)/799/2018ordered

K.Rakkammal, v. Tamil Nadu State Transport

2018-04-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.799 of 2018 IN CMA(MD) No.SR33351 of 2015 K.RAKKAMMAL ... PETITIONER / PETITIONER / APPELLANT Vs TAMIL NADU STATE TRANSPORT CORPORATION MADURAI LIMITED BY ITS MANAGING DIRECTOR, MADURAI 625 010. ... RESPONDENT / RESPONDENT / RESPONDENT 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 460 days in filing the restoration petition and thus render justice.

PRAYER IN CMA(MD) No.SR33351 of 2015:- to set aside the order date 12.07.2013 passed by the Learned IV Additional District Judge, Madurai in MCOP.No.31 of 2010 and allow the appeal 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.MURUGESAN, Advocate for the petitioner and of Mr.K.SUDALAIYANDI, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 460 days in filing the petition to restore the MP.No.1 of 2015, which was dismissed on 26.07.2016.

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.1,000/- (Rupees One Thousand only) to the Legal aid Service Authority, attached to this Bench, 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.

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3. This petition is accordingly ordered.

sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE IV ADDITIONAL DISTRICT JUDGE, MADURAI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI rm JAM/11/04/2018/ PN-KAK / GSR/ 2p-3c

ORDER

IN CMP(MD) No.799 of 2018 IN CMA(MD) No.SR33351 of 2015 Date :09/04/2018 https://hcservices.ecourts.gov.in/hcservices/