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Madras High CourtCMP(MD)/1247/2021ordered

Tamilnadu State Transport Corporation, v. K.Sundarraj,

2021-02-17Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.1247 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday,the Seventeenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1247 of 2021 IN CMA(MD) No.SR 20685 of 2018 TAMILNADU STATE TRANSPORT CORPORATION COIMBATORE LIMITED, BY ITS MANAGING DIRECTOR, COIMBATORE. ... PETITIONER/APPELLANT Vs 1 K.SUNDARRAJ 2 S.MANONMANI 3 R.SURESH KUMAR ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the Delay of 645 days in re-presenting the above C.M.A.SR.No.20685 of 2018.

PRAYER IN CMA.SR.No.20685 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, VI Additional District Judge, Madurai in MCOP No.608 of 2014 dated 06.02.2016.

ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.SIVARAMAN, Advocate for the petitioner and of Mr.K.MURUGESAN, Advocate/Caveator on behalf of the Respondents 1 and 2, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 645 days in representing the above Civil Miscellaneous Appeal.

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.1,500/- (Rupees one thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1247 of 2021 failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 17/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO THE VI ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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

ORDER

IN CMP(MD) No.1247 of 2021 IN CMA(MD) No.SR 20685 of 2018 Date :17/02/2021 MSA PK/JC/SAR-II/23.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2