Tamil Nadu State Transport Corporation, v. Pappan
CMP(MD) No.5569 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Nineteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5569 of 2020 IN CMA(MD) SR No.40847 of 2020 TAMIL NADU STATE TRANSPORT CORPORATION, THROUGH ITS GENERAL MANAGER, NAGERCOIL. ... PETITIONER/APPELLANT Vs 1 PAPPAN 2 PRABHA ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 293 days in filing the Civil Miscellaneous Appeal against the award and decree made in MCOP No. 1235 of 2018 dated 27.09.2019 on the file of the motor accident claims tribunal/ 4th Additional District Court. Tirunelveli. PRAYER IN CMA(MD) SR No.40847 of 2020:
To allow this appeal, set aside the award and decree made in M.C.O.P.No.1235 of 2018 dated 27.09.2019 on the file of the Motor Accident Claims Tribunal / 4th Additional District Court, Tirunelveli.
ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.PRABHAKARAN, Advocate for the petitioner and of Mr.M.P.SAMVEL GUNASINGH, Advocate on behalf of the Respondents, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 293 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.1,500/- (Rupees one thousand and five hundred only) to https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.5569 of 2020 the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the 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".
sd/- 19/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
TO THE IV ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.5569 of 2020 IN CMA(MD) SR No.40847 of 2020 Date :19/02/2021 msa PK/JC/SAR-II/24.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2