Hemalatha v. The Director

CMP(MD) No.4903 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.4903 of 2023 IN CMA(MD) SR.No.26048 of 2023 HEMALATHA ... PETITIONER/APPELLANT Vs THE DIRECTOR TAMIL NADU GOVERNMENT TRANSPORT CORPORATION, REGION-1, KUMBAKONAM.

... RESPONDENT/RESPONDENT 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 2669 days in filing the above appeal before this Hon`ble Court and thus render justice. PRAYER IN CMA(MD) SR.No.26048 of 2023:

To set aside the Judgement and Decree dated on 18.09.2015 passed in M.C.O.P.No.149/2011 on the file of the Motor Accidental Claims Tribunal Cum III Additional Sessions Court, Tanjore at Pattukottai.

ORDER : This 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.P.ROHINI, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 2669 days in filing the Civil Miscellaneous Appeal in C.M.A.(MD).SR.No.26048 of 2023.

2. Heard the learned counsel appearing for the petitioner.

3. The reason assigned in the affidavit is that she could not raise funds immediately for filing an appeal before this Court and due to spread of COVID-19, she suffered a lot and hence, there is a delay of 2669 days occurred in filing the appeal. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.4903 of 2023

4. On perusal of the affidavit, it is seen that the decree and judgment passed on 18.09.2015 and COVID - 19 spread only in the year 2020. Even before that, for a period of four years the petitioner has not taken any steps to file an appeal. The reason assigned in the affidavit is vague and there must be a justifiable reason for condoning the delay. Hence, there is no merit in this petition and the same is dismissed.

sd/- 19/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AKV TO The Motor Accidental Claims Tribunal Cum III Additional Sessions Court, Tanjore at Pattukottai.

+1. C.C. to M/S.P.ROHINI Advocate SR.No.22275(F)

ORDER

IN CMP(MD) No.4903 of 2023 IN CMA(MD)SR No.26048 of 2023 Date :19/04/2023 NA/CG/SAR-3/26.04.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2