Madras High CourtCMP(MD)/5228/2018ordered

The Managing Director, v. V.Shantha,

2018-07-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5228 of 2018 IN CMA(MD) No.SR23387 of 2018 THE MANAGING DIRECTOR, SETC,PALLAVAN HOUSE,ANNA SALAI, CHENNAI ... PETITIONER / APPELLANT Vs V.SHANTHA ... 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 278 days in filing the CMA against the award and Decree made in MCOP.No.5729 of 2013 dated 21.04.2017 the file of the Motor Accident Claims Tribunal/Special Sub Court,Tiruchirappalli.

PRAYER IN CMA(MD) No.SR23387 of 2018:- to allow this appeal setaside the award and decree made in MCOP.No.5729 of 2013 dated 21.04.2017 the file of the Motor Accident Claims Tribunal / Special Sub Court, Tiruchirappalli 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, Standing counsel for TNSTC for the petitioner and of Mr.D.BOOPAL, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 278 days in filing the above Civil Miscellaneous appel in CMA(MD)No.SR.23387 of 2018, against the award passed in MCOP.No.5729 of 2013.

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.1000/- (Rupees One Thousand only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

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3. This petition is accordingly ordered.

sd/- 13/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.P.PRABHAKARAN, Standing Counsel for TNSTC SR.No.13025 PJL JAM/19/07/2018/ CSL-RR /SAR 1/ 2p-4c

ORDER

IN CMP(MD) No.5228 of 2018 IN CMA(MD) No.SR23387 of 2018 Date :13/07/2018 https://hcservices.ecourts.gov.in/hcservices/