Tamil Nadu State Transport v. Muthupandian,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.9937 of 2018 IN CMA(MD) No.SR42172 of 2018 TAMIL NADU STATE TRANSPORT CORPORATION LIMITED, TRIVANDRAUM ROAD, VANNARPETTAI, TIRUNELVELI-3, THROUGH ITS GENERAL MANAGER. PETITIONER/APPELLANT Vs 1 MUTHUPANDIAN 2 MUTHAMMAL ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to to condone thedelay of 228 days in filing the Civil Miscellaneous Appeal against the award and decree made in MCOP.No.268 of 2016 datd 14.09.2017 on the file of the Motor accident claims Tribunal/Special Sub Court, Tirunelveli and thus render justice.

PRAYER IN CMA(MD)SR42172 of 2018 Allow this appeal, setaside the award and decree made in M.C.P.NO.268 of 2016 dated 14.09.2017 on the file of the Motor accident claims Tribunal / Special Sub Court, Tirunelveli and pass such other or further orders that are deemed fit and proper in the circumstances of the cases 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 M/S.P.PRABHAKARAN, Advocate for the petitioner and of on the respondent not appeared either in person or by an Advocate,the court made the following order:- This petition is filed to condone the delay of 228 day in filing the above said appeal.

2.Heard the learned counsel appearing for the petitioner. 3.Though notice was served on the respondents 1 & 2 and their names are also printed in the cause list, they have not chosen to appear either in person or through counsel.

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4.Considering the contention of the learned counsel for the petitioner/s,the delay of 228 days is condoned on payment of cost of Rs.500/-(Rupees Five Hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, Within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stands dismissed automatically, without further reference to this court.

sd/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.

THE OFFICER INCHARGE, THE ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI,MADURAI.

PS/RR/SAR-4:31/10/2018:2P/3C

ORDER

IN CMP(MD) No.9937 of 2018 IN CMA(MD) No.SR42172 of 2018 Date :29/10/2018 https://hcservices.ecourts.gov.in/hcservices/