Tamil Nadu State Transport v. Chellammal,
EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11068 of 2018 IN CMA(MD) No.SR41399 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LTD., THROUGH ITS GENERAL MANAGER, OFFICE AT RANITHOTTAM, NAGERCOIL.
... PETITIONER/APPELLANT Vs 1.CHELLAMMAL, 2 RAMALAKSHMI, 3 SEETHALAKSHMI, 4 ARUL SELVAM, ... 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 122 days in filing the CMA against the Award and decree made in MCOP No.1163 of 2017 dated 28.02.2018 on the file of the MACT/I Additional District and Sessions Court, Tirunelveli and thus render justice.
PRAYER IN CMA(MD) No.SR41399 of 2018:- To allow this appeal, setaside the award and decree made in M.C.O.P.No.1163 of 2017 dated 28.02.2018 on the file of the Motor Accident Claims Tribunal/1st Additional District and Sessions Court, Tirunelveli.
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 the Respondents 1 to 4 not appeared either in person or by an advocate, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 122 days in filing the above Civil Miscellaneous Appeal.
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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 Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this 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" forthwith.
sd/- 18/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
COPY TO:- 1.
THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2. THE OFFICER INCHARGE, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.11068 of 2018 IN CMA(MD) No.SR41399 of 2018 Date :18/12/2018 https://hcservices.ecourts.gov.in/hcservices/ AE/PN/SAR3/02.01.2019/2P/4C