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Madras High CourtCMP(MD)/4698/2020ordered

The Project Director v. L.S.C.Paramasivam

2021-02-03Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.4698 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Third day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4698 of 2020 in CMA(MD)SR No.33329 of 2020 THE PROJECT DIRECTOR, (NATIONAL HIGHWAYS NO.7) NATIONAL HIGHWAYS AUTHORITY OF INDIA, 83/1, SBI FIRST COLON EXTENSION, (NEAR GOWRI KRISHNA HOTEL) BYE PASS ROAD, MADURAI-16 ... PETITIONER/APPELLANT Vs 1.L.S.C.PARAMASIVAM 2.THE DISTRICT REVENUE OFFICER, (LAND ACQUISITION, NATIONAL HIGHWAYS-7) COLLECTORATE BUILDINGS, MADURAI-625020 ... RESPONDENTS/RESPONDENTS 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 95 days in the above Civil Revision Appeal against the Arbitration O.P.No. 6 of 2018 dated 03.01.2020 on the file of the Principal District Judge, Madurai and thus render justice.

PRAYER IN CMA(MD)SR No.33329 of 2020:

Pleased to set aside the order made in Arbitration O.P.No.6/2018 dated 03.01.2020 on the file of the Principal District Judge, Madurai.

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.C.ARUL VADIVEL @ SEKAR, Advocate for the petitioner and of Mr.J.GUNASEELAN MUTHAIAH, Additional Government Pleader on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 95 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.4698 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.1000/- (Rupees thousand 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/- 03/02/2021 / 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 PRINCIPAL DISTRICT JUDGE, MADURAI.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. To +1. C.C. to SPECIAL GOVERNMENT PLEADER SR.No.3269

ORDER

IN CMP(MD) No.4698 of 2020 in CMA(MD)SR No.33329 of 2020 Date :03/02/2021 MSA TK/VR/SAR.3/08.02.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2