Madras High CourtCMP(MD)/12462/2018ordered

Tamilnadu State Transport v. Mahalakshmi

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.12462 of 2018 IN CMA(MD) No.SR52579 of 2018 TAMILNADU STATE TRANSPORT CORPORATION LIMITED, MADURAI CORPORATION LTD., MADURAI. ... PETITIONER/APPELLANT Vs 1 MAHALAKSHMI 2 RAMBA ... 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 529 dys in filing the Civil Miscellaneous Appeal against the Award and Decree made in MCOP.No.660 of 2010 dated 31.01.2017 on the file of the Motor Accident Claims Tribunal/District and Sessions Court, (Communal Clash Cases Court), Madurai and thus render justice.

PRAYER IN CMA(MD) No.SR52579 of 2018 allow this appeal, set aside the award and decree made in M.C.O.P.NO.660 of 2010 dated 31.01.2017 on the file of the Motor accident claims Tribunal/District and Sessions Court(communal Clash Cases Court) Madurai and pass such other or further orders. 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 Mr.S.J.CHAKKARAVARTHy,Advocate for the Respondents the court made the following order:- This petition has been filed to condone the delay of 529 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR52579 of 2018.

2. Having satisfied with the reasons stated in the affidavit filed in support of the petition and also considering the length of delay as well as the no objection shown by the other side, this Court is inclined to condone the delay, subject to the payment of cost of Rs.2000/- (Rupees Two Thousand only) to "Chief Justice https://hcservices.ecourts.gov.in/hcservices/

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. On showing proof of payment, Registry is directed to number the appeal, if the papers are otherwise in order and list the same 'for admission' forthwith. sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS JUDGE, (COMMUNAL CLASH CASES COURT) MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

THE SUB-ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. C.C. to Mr.P.PRABHAKARAN Advocate SR.No.3 PS/JC/SAR-4/09.01.2019/2P/5C

ORDER

IN CMP(MD) No.12462 of 2018 IN CMA(MD) No.SR52579 of 2018 Date :02/01/2019 https://hcservices.ecourts.gov.in/hcservices/