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Madras High CourtCMP(MD)/9476/2018ordered

The Managing Director, v. Subramanian (Died)

2018-11-08Honourable Mrs Justice J. Nisha Banu2 pages

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.9476 of 2018 IN CMA(MD) No.SR37261 of 2018 THE MANAGING DIRECTOR, TNSTC LIMITED, VANNARPETTAI, TIRUNELVELI.

... PETITIONER/APPELLANT Vs SUBRAMANIAN (DIED) 1 DEVI 2 THENAMMAL 3 RAMKUMAR(MINOR) (MINOR 3rd RESPONDENT IS REP BY HIS NEXT FRIEND MOTHER & 2ND RESPONDENT) 4 THIRAVIYAM ... 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 138 days in filing the Civil Miscellaneous Appeal against the Award and Decree made in M.A.C.T.O.P No.61 of 2017 dated 28.11.2017 on the file of the Motor Accident Claims Tribunal /Additional District Court, Tenkasi and thus render justice.

PRAYER IN CMA(MD) No.SR37261 of 2018 To allow this appeal, setaside the award and decree made in MR.M.ASOKAN , Govt. Advocate ( Crl. Side).C.T.O.P.NO. 61 of 2017 dated 28.11.2017 on the file of the Motor Accident Claims Tribunal/Additional District 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.P.PRABHAKARAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 138 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR37261 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.500/- (Rupees Five Hundred 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/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, TENKASI COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.9476 of 2018 IN CMA(MD) No.SR37261 of 2018 Date :08/11/2018 MSI/RR/SAR-II/20.11.2018-2P/3C https://hcservices.ecourts.gov.in/hcservices/