Madras High CourtCMP(MD)/1282/2020ordered

The Managing Director v. Shanthi

2021-01-29Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.1282 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1282 of 2020 in CMA(MD)SR.No.84958 of 2019 THE MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION LTD., BYE PASS ROAD, COLLECTORATE POST, DINDIGUL. ... PETITIONER/APPELLANT Vs 1 SHANTHI 2 MINOR.DHARSANA (THE MINOR 2ND RESPONDENT IS REPRESENTED BY THEIR MOTHER AND NEXT FRIEND OF THE 1ST RESPONDENT) 3.GOPAL 4.PALANIAMMAL ... 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 85 days in filing the civil miscellaneous appeal against the Judgment and Decree dated 27.02.2019 passed in MCOP.No.656 of 2017 on the file of the Motor Accident Claims Tribunal (Principal District Judge) Dindigul. PRAYER IN CMA(MD)SR.No.84958 of 2019:

Pleased to set aside the Judgment and Decree in MCOP No.656 of 2017 dated 27.02.2019 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dindigul. 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 and of Mr.R.SHANKAR GANESH, Advocate for 1st and 2nd Respondents and Mr.A.SARAVANAN, Advocate for 3rd and 4th Respondents, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 85 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.1282 of 2020 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 Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the 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".

sd/- 29/01/2021 / 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 PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAMIS TRIBUNAL, DINDIGUL.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1282 of 2020 in CMA(MD)SR.No.84958 of 2019 Date :29/01/2021 MSA TK/VR/SAR.1/04.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2