Tamil Nadu State Transport v. K. Kavitha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4714 of 2018 IN CMA(MD) No.SR19821 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LTD, HAVING ITS REGIONAL OFFICE AT BYE -PASS ROAD, MADURAI, THROUGH ITS MANAGING DIRECTOR.
... PETITIONER/ APPELLANT Vs 1 K.KAVITHA 2 MINOR K.PREETHI 3 MINOR K.MITHUNKANNA (MINOR RESPONDENTS REPRESENTED THROUGH THEIR MOTHER/ GUARDIAN NEXT FRIEND K.KAVITHA) 4 M.AMIRTHAM ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay 587 days in filing the Civil Miscellaneous Appeal against the Award and Decree in M.C.O.P.1389 of 2008 dated 13.04.2016 on the file of the Motor Accident Claims Tribunal/District and Sessions Court, Communal Clash Cases Court, Madurai and thus render justice.
PRAYER IN CMA(MD) No.SR19821 of 2018:
To allow this appeal, setaside the award and decree made in M.C.O.P.1389 of 2008 dated 13.04.2016 on the file of the Motor Accident Claims Tribunal/ District and Sessions Court, Communal Clash Cases Court, Madurai.
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.P.PRABHAKARAN, Advocate for the petitioner and of Mr.D.BALASUBRAMANIAN, Advocate on behalf of the Respondents, the court made the following order:- This petition has been filed to condone the delay of 587 days in filing the above civil miscellaneous appeal in C.M.A(MD) No.SR19821 of 2018.
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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.1000/- (Rupees One Thousand Only) to "Legal Aid Infrastructure Funds", 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.
3. This petition is accordingly ordered.
sd/- 21/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE MOTOR ACCIDENT CLAIMS TRIBUNAL/ DISTRICT AND SESSIONS COURT, COMMUNAL CLASH CASES COURT, MADURAI COPY TO:
THE OFFICER INCHARGE, "LEGAL AID INFRASTRUCTURE FUNDS", LEGAL AID SERVICE AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.4714 of 2018 IN CMA(MD) No.SR19821 of 2018 Date :21/06/2018 MS/RR-CSL/RNB/25.06.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/