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Madras High CourtCMP(MD)/5452/2020ordered

The Branch Manager v. Loganayagi

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

CMP(MD) No.5452 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.5452 of 2020 and CMA(MD)SR.No.19456 of 2020 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., GANESH COMPLEX, CONTONMENT, TRICHY -1. ... PETITIONER/APPELLANT Vs 1 LOGANAYAGI 2 KUPPURAJ 3 N.CHELLADURAI ... 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 331 days in preferring the above Civil Miscellaneous Appeal against the order dated 07.05.2019 made by the Deputy Commissioner of Labour for Workmen's compensation, Trichy in W.C.No.72/2017 and thus render justice.

PRAYER IN CMA(MD)SR.No.19456 of 2020:

To prefers this MEMORANDUM OF MISCELLANEOUS APPEAL in this Hon'ble Court against the order passed in W.C.No.72/2017 dated 07.05.2019 on the file of the Commissioner for Employees Compensation, Trichy.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner and of Not appeared for the Respondents either in person or by an Advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 331 days in filing the above Civil Miscellaneous Appeal.

2.The learned counsel for the respondents is not present today. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5452 of 2020 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 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 1 THE DEPUTY COMMISSIONER OF LABOUR FOR WORKMEN'S COMPENSATION, TRICHY.

2 THE COMMISSIONER FOR EMPLOYEES COMPENSATION, TRICHY.

COPY TO:

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

ORDER

IN CMP(MD) No.5452 of 2020 and CMA(MD)SR.No.19456 of 2020 Date :29/01/2021 MSA JM/VR/SAR III/03.02.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2