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Madras High CourtCMP(MD)/12279/2018ordered

The Managing Director v. Rathinaraj

2019-01-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12279 of 2018 IN CMA(MD) No.SR39634 of 2016 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, (KUMARPANDIAN DIVISION) KARAIKUDI, SIVAGANGAI DISTRICT. ... PETITIONER/APPELLANT Vs 1.RATHINARAJ 2.MANICKAM 3.THE MANAGING, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD., SUNDARAM TOWERS, 46, WHITS ROAD, RAYAPETTAI, CHENNAI 600 014. ... 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 652 days in representing in filing papers in C.M.A.SR.NO.39634 of 2016 in the appeal filed against the judgment and decree dated 22.3.2010 passed in MCOP.No.166 of 2008 on the file of the Motor Accidents Claims Tribunal cum Additional Subordinate Court, Tenkasi, and thus render justice PRAYER IN CMA(MD) No.SR39634 of 2016:

To set aside the Judgment and Decree passed in M.C.O.P.No. 166 of 2008 dated 22nd Day of March 2010, on the file of Motor Accident Claims Tribunal cum Subordinate Court, Tenkasi. 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.M.PRAKASH, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 652 days in re-presenting the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR39634 of 2016.

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2. Having satisfied with 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.2000/- (Rupees Two Thousand only) to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a 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.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TENKASI.

2.THE ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TENKASI.

COPY TO:

THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12279 of 2018 IN CMA(MD) No.SR39634 of 2016 Date :02/01/2019 TK/JC/SAR-3/07.01.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/