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Madras High CourtCMP(MD)/4866/2020ordered

M/S.Tamil Nadu State Transport Corporation Limited v. Petchiammal

2021-01-29Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.4866 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4866 of 2020 IN CMA(MD) SR NO.26661 of 2020 M/S.TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, REP BY ITS MANAGING DIRECTOR, NO.2, THIRVANANTHAPURAM ROAD, VANNARAPETTAI, TIRUNELVELI. ... PETITIONER/APPELLANT Vs 1 PETCHIAMMAL 2 MINOR DHARANI 3 RASAMMAL 4 POOLAYYA DEVAR ... RESPONDENTS/RESPONDENTS (Minor Petitioner through her mother and next guardian 1st Petitioner here in) 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 92 days in filing the above CMA(MD) SR No.26661 of 2020.

PRAYER IN CMA(MD) SR NO.26661 of 2020:

To call for the records relating to the order and decreetal order dated 05.09.2019 passed in M.C.O.P.No.637 of 2018 by the Motor Accident Claims Tribunal (III Additional District Judge) Tirunelveli and to set aside the same.

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 Mr.R.RAJAMOHAN, Advocate for the petitioner and of Mr.V.SAKTHIVEL, Advocate on behalf of the Respondents 1 to 4, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 92 days in filing the above Civil Miscellaneous Appeal.

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

CMP(MD) No.4866 of 2020 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 Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the 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 otherwise in order and list the same "for admission".

sd/- 29/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the Advocate/litigant concerned. TO THE III ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4866 of 2020 IN CMA(MD) SR NO.26661 of 2020 Date :29/01/2021 msa PK/JC/SAR-I/05.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2