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Madras High CourtCMP(MD)/4716/2018ordered

Tamilnadu Transport v. Mariappan,S/O.Seeni

2018-06-25Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4716 of 2018 IN CMA(MD) No.SR19870 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, VANNARAPETTAI, TIRUVELVELI.

... PETITIONER/ APPELLANT Vs 1 MARIAPPAN 2 ESAKKI MUTHU 3 MURUGAMMAL 4 ESAKKIAMMAL 5 TAMILNADU STATE TRANSPORT CORPORATION LIMITED, THROUGH ITS MANAGING DIRECTOR, KUMBAKONAM.

... RESPONDENTS/ RESPONDENTS (THE 5th RESPONDENT IS THE SISTER CORPORATION OF APPELLANT AND THAT GIVEN UP) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 103 days in filing the Civil Miscellaneous Appeal against the Award and decree made in MCOP.No.70 of 2016 dated 26/10/2017 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Tirunelveli and thus render justice. PRAYER IN CMA(MD) No.SR19870 of 2018:

To allow this appeal, setaside the award and decree made in M.C.O.P No.70 of 2016 dated 26.10.2017 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 of Mr.K.BHASKARAN, Advocate for R1 to R4, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 103 days in filing the above Civil Miscellaneous Appeal.

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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 weeks 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 and list the same "for admission" forthwith. sd/- 25/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE COURT/ THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO:

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

2 THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4716 of 2018 IN CMA(MD) No.SR19870 of 2018 Date :25/06/2018 MS/CM-VR/SAR-1/26.06.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/