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Madras High CourtCMP(MD)/5105/2019ordered

The Managing Director, v. Kulanthaiammal(Died)

2019-08-14Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.5105 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5105 of 2019 IN CMA(MD) No.SR20830 of 2019 THE MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI. PETITIONER/APPELLANT Vs KULANTHAIAMMAL(DIED) 1.VASANTHA 2 ANNAPOORANI 3 RAMU 4 LAKSHMI 5 SUSEELA 6 MANGAYARKARASI VENKATESAN(DIED), 7.NARMATHA 8 URMILA 9 KALAVATHI 10 RAMANI 11 GEETHA 12 MINOR HARINI 13 MINOR VINITHA (MINOR RESPONDENTS 12,13 ARE REPRESENTED BY their MOTHER NATURAL GUARIDIAN 9TH RESPONDENT) ...

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 122 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in award and decree made in M.C.O.P.No.192 of 2016 dated 10.10.2018 on the file of the Motor accident Claims Tribunal/Sessions Court Communal Clash Cases Court, Madurai and thus render justice.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5105 of 2019 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.J.BARATHAN, Advocate on behalf of the Respondents, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 122 days in filing the above Civil Miscellaneous Appeal.

2.The learned counsel appearing for the respondents has no serious objection in allowing this petition.

3.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 Service Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which this petition shall stand automatically dismissed without any further reference to this Court.

4.This petition is accordingly ordered.

5. 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" on 19.08.2019.

sd/- 14/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SESSIONS JUDGE,COMMUNAL CLASH CASES COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL SERIVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.5105 of 2019 IN CMA(MD) No.SR20830 of 2019 Date :14/08/2019 TK/VR/SAR.2/22.08.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2