M.Marutharaj v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5055 of 2018 IN CMA(MD) No.SR40326 of 2017 1 M.MARUTHARAJ 2 M.BABI 3 M.BHARATHI RAJA ... PETITIONERS /APPELLANTS/ PETITIONERS AMENDED AS PER ORDER IN I.A.1548/2017 DATED 16.09.2012 IN MCOP.No.395/2008 AND DECLARED AS MAJOR) Vs THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION, PERIYAMILAGUPARAI, TRICHIRAPPALLI-1 ... RESPONDENT / RESPONDENT / RESPONDENT 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 1466 days in preferring the main CMA. PRAYER IN CMA(MD) No.SR40326 of 2017:- to call for the records and set aside the fair order and decreetal order dated 5th July 2013 passed by the Honourable Motor Accidents Claims Tribunal(Sub Court), Kulithalai in MCOP.No.395/2008 and set aside the same and allow this appeal with cost throughout and thus render justice.
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.RM.SIVAKUMAR, Advocate for the petitioner and the court made the following order:- Heard.
This petition has been filed by the petitioners seeking to condone the delay of 1466 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.1500/-(Rupees one thousand and five hundred only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of copy of this order, failing which this 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 in order and list the same "for admission" forthwith.
sd/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, KULITHALAI COPY TO:
THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.RM.SIVAKUMAR Advocate SR.No.12450 GCG JAM/13/07/2018/ CSL-RR /GSR/ 2P-4C
ORDER
IN CMP(MD) No.5055 of 2018 IN CMA(MD) No.SR40326 of 2017 Date :09/07/2018 https://hcservices.ecourts.gov.in/hcservices/