Tamil Nadu State Transport v. S.Veilammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8656 of 2018 IN CMA(MD) No.SR36321 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LTD, MADURAI, THROUGH ITS GENERAL MANAGER ... PETITIONER/APPELLANT Vs 1 S.VEILAMMAL 2 MINOR S. SARAVANAPANDIAN 3 R.LAKSHMANAN 4 R.MUTHUPILLAI (MINOR 2nd RESPONDENT REPRESENTED BY THROUGH HIS MOTHER AND NATURAL GUARDIAN OF THE 1st RESPONDENT) ... 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 347 days in filing the civil miscellanous appeal agaisnt the judgment and decree dated 09.11.2016 passed in M.C.O.P.No.125 of 2014 on the file of the Motor Accident Claims Tribunal cum Special District Court, Madurai and thus render justice.

PRAYER IN CMA(MD) No.SR36321 of 2018 Set aside the Judgment and Decree in MCOP No.125 of 2014 dated 09.11.2016 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.K.SUDALAIYANDI, Advocate for the petitioner and of Mr.M.ELAKKIYA,Advocate for R1 to R4 the court made the following order:- This petition has been filed to condone the delay of 347 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR36321 of 2018.

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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.1000/- (Rupees One Thousand only) to the Legal Aid Service Authority, attached to this Bench, 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/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

PS/PN/SAR-2/23/10/2018/2P/3C

ORDER

IN CMP(MD) No.8656 of 2018 IN CMA(MD) No.SR36321 of 2018 Date :08/11/2018 https://hcservices.ecourts.gov.in/hcservices/