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Madras High CourtCMP(MD)/2975/2021ordered

The Managing Director v. P.R.Jayapandian

2021-03-24Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2975 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday,the Twenty Fourth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2975 of 2021 IN CMA(MD) SR.No.50831 of 2019 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, DOOR NO.12, RAMAKRISHNAN ROAD, SALEM DISTRICT. PETITIONER/APPELLANT Vs 1 P.R.JAYAPANDIAN 2 MINOR.J.DEEPIKA 3 MINOR.J.THYAMITHA ... RESPONDENTS/RESPONDENTS (ABOVE 2ND AND 3RD RESPONDENTS REP.BY THEIR FATHER/GUARDIAN) 4 S.MATHESHWARAN 5 M/S.RELIANCE GENERAL INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, PLOT HIG 55, 1ST FLOOR, SRI MEENAKSHI PLAZA, 80 FEET ROAD, ANNA NAGAR, MADURAI DISTRICT.

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 252 days in representing the appeal in CMA.SR.No.50831 of 2019, filed against the order and decree dated 09.03.2018, passed in MCOP No.955 of 2015 on the file of the Motor Accidents Claims Tribunal/VI Additional District Court, Madurai District, and thus render justice.

PRAYER IN CMA(MD) SR.No.50831 of 2019:

To set aside the Judgment and Decree passed in M.C.O.P.No.955 of 2015, dated 9th day of March 2018, on the file of Motor Accident Claims Tribunal/VI Additional District Judge, Madurai.

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CMP(MD) No.2975 of 2021 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.M.PRAKASH, Advocate for the petitioner, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 252 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.2,000/- (Rupees Two 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.

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/- 24/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

ORDER

IN CMP(MD) No.2975 of 2021 IN CMA(MD) SR.No.50831 of 2019 Date :24/03/2021 pkn PK/JC/29.03.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2