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Madras High CourtCMP(MD)/4464/2019allowed

Tamil Nadu State Transport v. Anandhi,

2024-02-02Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN CMA(MD) No.SR15016 of 2019 TAMIL NADU STATE TRANSPORT CORPORATION LTD., KUMBAKONAM, REP.BY ITS MANAGING DIRECTOR, RAILWAY STATION NEW ROAD, KUMBAKONAM.

... PETITIONER/APPELLANT Vs 1 ANANDHI, 2 MONICA, 3 MANIBHARATHI, 4 KALYANI, 5 GOVINDARAJ, 6 ORIENTAL INSURANCE CO.LTD., KUMBAKONAM, BY ITS DIVISIONAL MANAGER, OFFICE AT TOWN HALL ROAD, KUMBAKONAM.

... RESPONDENTS/RESPONDENTS 1/4

Civil Miscellaneous 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 757 days in filing the above CMA against the award passed in MCOP NO.335 of 2012 dated 02.12.2016 on the file of the MACT, Principal Sub Court, Kumbakonam and thus render justice.

PRAYER IN CMA(MD)SR.No. 15016 of 2019:

Pleased to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Principal Sub court, Kumbakonam in MCOP No. 335 OF 2012 dated 02.12.2016.

ORDER : This Civil Miscellaneous 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 M/S. S.MICHEAL HELDON KUMAR, Advocate for the petitioner and of MR.TM.PALANIRAJA, Advocate for the Respndents 1,2 & 4 and of MR.S.MANIKANDAN,Advocate for the 3rd Respondent and of MR.M.KAUSHIKAN, Advocate for the 5th Respondent and of MR.C.JAWAHAR RAVINDRAN,Advocate for the 6th Respondent, the court made the following order:- This Petition is filed to condone the delay of 757 days in filing the Civil Miscellaneous Appeal.

2. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost. 2/4

3. The Appellant is directed to pay a sum of Rs.500/-, each to the respondents 1 to 4, within a period of Two weeks.

4. On such payment being made, the Registry is directed to number the appeal, if it is otherwise in order and list the matter after two weeks. sd/- 02/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMBAKONAM.

COPY TO 1 THE SUB ASSISTANT REGISTRAR AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CMA(MD) No.SR15016 of 2019 Date :02/02/2024 PKP/GS/SAR /09.02.2024/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4