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Madras High CourtCMP(MD)/4715/2018ordered

The Managing Director, v. Anitha, W/O.Sahaya Eskalin

2018-06-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4715 of 2018 IN CMA(MD) No.SR19826 of 2018 THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, VANNARPETTAI, TIRUNELVELI ... PETITIONER / APPELLANT Vs 1 ANITHA 2 MINOR EDWIN ANISH S/O.SAHAYA ESKALIN 3 MINOR EDWIN AAKASH S/O.SAHAYA ESKALIN (THE MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN THE 1st RESPONDENT ANITHA) 4 VARGEESE MARY ... RESPONDENTS / RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 197 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in M.C.O.P.No.20 of 2016 dated 9.8.2017 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Tirunelveli and thus render justice.

PRAYER IN CMA(MD) No.SR19826 of 2018:- to allow this appeal, setaside the award and decree made in MCOP.No.20 of 2016 dated 09.08.2017 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Court, Tirunelveli.

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 the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard.

This petition has been filed by the petitioner seeking to condone the delay of 197 days in filing 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.500/-(Rupees Five Hundred only) to the Legal Services Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order.

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 in order and list the same "for admission" on 02.07.2018.

sd/- 27/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI COPY TO;- 1.

THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.

THE SUB-ASSISTANT REGISTRAR A.E. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI GCG JAM/28/06/2018/ PN/RNB/2P-4C

ORDER

IN CMP(MD) No.4715 of 2018 IN CMA(MD) No.SR19826 of 2018 Date :27/06/2018 https://hcservices.ecourts.gov.in/hcservices/