The General Manager v. A. Sabapathi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7588 of 2018 IN CMA(MD) No.SR32611 of 2018 THE GENERAL MANAGER KARAIKUDI REGION, TAMIL NADU STATE TRANSPORT CORPORATION, KARAIKUDI. ... PETITIONER / APPELLANT Vs 1 A. SABAPATHI 2 SREE KUMAR 3 MINOR VIJAI KUMAR (THE 3RD RES. IS MINOR REPRESENTED BY HIS FATHER AND NEXT FRIEND THE 1st RESPONDENT A. SABAPATHI) 4 K.R.REJENDRAN 5 THE GENERAL MANAGER TRICHY REGION, TAMIL NADU STATE TRANSPORT CORPORATION, TRICHY.
6 A.BHASKARAN ... RESPONDENTS / RESPONDENTS 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 1672 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P.No.604 of 2012 dated 12.08.2013 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court, Dindigul and thus render justice.
PRAYER IN CMA(MD) No.SR32611 of 2018 :
To allow this appeal, setaside the award and decree made in M.C.O.P.No.604 of 2012 dated 12.08.2013 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court, Dindigul.
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, Advocate for the petitioner and of No Appearance for R1 to R3, the court made the following order:-
This petition is filed to condone the delay of 1672 days in filing the above appeal.
2.The petitioner has given up the respondents 4 to 6. The third respondent is minor represented by the first respondent. 3.Though notice has been served on the respondents 1 and 2 and their names have been printed in the cause list, there is no representation on behalf of them either in person or through counsel.
4.Heard the learned counsel appearing for the petitioner. 5.Considering the contention of the learned counsel for the petitioner, the delay of 1672 days is condoned on payment of cost of Rs.2,000/- (Rupees Two Thousand Only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.
6.The learned counsel appearing for the petitioner submitted that the respondents have filed execution petition and the same is now pending and he would pay the cost by today itself. 7.The Registry is directed to number the appeal, if it is otherwise in order and if the said conditional order is complied with, post the matter for admission on 05.10.2018. sd/- 01/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL / ADDITIONAL DISTRICT AND SESSIONS COURT, DINDIGUL.
COPY TO:
1.THE OFFICER INCHARGE, ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.
2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.7588 of 2018 IN CMA(MD) No.SR32611 of 2018 Date :01/10/2018 JM/PN/SAR 1/04.10.2018/3P/4C