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Madras High CourtCMP(MD)/1220/2021ordered

The Tamil Nadu State Transport Corporation, Through Its v. Bose,

2021-02-19Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.1220 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Nineteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1220 of 2021 in C.M.A(MD)SR.No.75992 of 2019 THE TAMIL NADU STATE TRANSPORT CORPORATION, THROUGH ITS THE MANAGING DIRECTOR, DINDIGUL DIVISION, DINDIGUL.

... PETITIONER/ APPELLANT Vs 1 BOSE 2 MARIAMMAL, 3 SURIYAKALA, 4 S.A.SHEK MOHAMMED, 5 THE ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, THENI. ... 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 365 days in representing the Civil Miscellaneous Appeal in CMA(MD)SR.No.75992 of 2019 before this Honourable Court against the Judgment and Decree dated 13.07.2018 passed in MCOP No.34 of 2016 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court), Theni camp at Periyakulam and thus render justice.

PRAYER IN C.M.A(MD)SR.No.75992 of 2019:

To set aside the judgment and decree in MCOP No.34 of 2016 dated 13.07.2018 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court), Theni camp at Periyakulam. 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.K.SUDALAIYANDI, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 365 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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1220 of 2021 this Court is inclined to condone the delay subject to the payment of cost of Rs.2,000/- (Rupees Thousand only), to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks 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. This petition is ordered, accordingly.

3. 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/- 19/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI CAMP AT PERIYAKULAM.

COPY TO:

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

ORDER

IN CMP(MD) No.1220 of 2021 in C.M.A(MD)SR.No.75992 of 2019 Date :19/02/2021 GNS MS/PN/SAR-2/24.02.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2