The Managing Director, v. O.Mathana Prakash,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11622 of 2018 IN CMA(MD) No.SR49412 of 2018 THE MANAGING DIRECTOR, TNSTC MADURAI LTD., ELLIS NAGAR BRANCH, MADURAI, TAMIL NADU.
... PETITIONER/ APPELLANT Vs 1 O.MATHANA PRAKASH 2 MINOR.M.KANISHKA, (THE 2nd RESPONDENT IS MINOR REPRESENTED BY HER FATHER THROUGH NATURAL GUARDIAN THE 1st RESPONDENT) 3 A.VENKATESWARAM ... RESPONDENTS/ RESPONDENTS (THE 3rd RESPONDENT IS THE DRIVER OF THE APPELLANT AND THAT GIVEN UP) 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 407 days in filing the CMA against the Award and Decree made in MCOP No.365 of 2014 dated 13.02.2017 on the file of the Motor Accident Claims Tribunal/Special District Court, Madurai and thus render justice.
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 R1 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 407 days in filing the above Civil Miscellaneous Appeal.
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.2000/-.Rupees two thousand only) to the Legal Services https://hcservices.ecourts.gov.in/hcservices/
Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order.
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/- 22/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL DISTRICT JUDGE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.
COPY TO:
1 THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.11622 of 2018 IN CMA(MD) No.SR49412 of 2018 Date :22/01/2019 MS/PN/SAR-1/13.02.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/