Madras High CourtCMP(MD)/6903/2020allowed

The Managing Director v. M.Renuka

2022-02-17Honourable Mr Justice Rmt. Teekaa Raman2 pages

C.M.P(MD)No.6903 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN C.M.P(MD)No.6903 of 2020 in C.M.A(MD)SR.No.46752 of 2020 THE MANAGING DIRECTOR, NO.12, RAMAKRISHNA ROAD, THE TAMIL NADU STATE TRANSPORT CORPORATION, SALEM TOWN.

... PETITIONER/APPELLANT Vs

1. M.RENUKA

2. M.ASHOK KUMAR

3. S.SHANTHI

4. A.YESURAJ ... RESPONDENTS/RESPONDENTS (SINCE THE 4TH RESPONDENT IS THE DRIVER OF APPELLANT TRANSPORT CORPORATION AND NOTICE MAY BE DISPENSE WITH AS NO CLAIM AGAINST HIM) 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 281 days in filing the Civil Miscellaneous appeal against the Judgment and Decree dated 15-10-2019 passed in MACOP.No.1128 of 2015 on the file of the Motor Accident Claims Tribunal (Special District Judge, Tiruchirappalli). PRAYER IN C.M.A(MD)SR.No.46752 of 2020 :

Pleased to set aside the Judgment and Decree in MACOP No.1128 of 2015 dated 15.10.2019 on the file of the Motor Accident Claims Tribunal (Special District Judge) Tiruchirapalli. 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 M/S.K.SUDALAIYANDI, Advocate for the petitioner and of MR.V.SADES KUMAR, Advocate on behalf of the Respondents No.1 to 3, the court made the following order:- This Petition is filed seeking to condone the delay of 281 days in filing the above Civil Miscellaneous Appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P(MD)No.6903 of 2020 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 281 days in filing the above Civil Miscellaneous Appeal is condoned, on condition that the petitioner shall pay a sum Rs.500/-(Rupees Five Hundred Only) to the learned counsel for the first respondent, towards costs, within a period of two weeks from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed without further reference to this Court. 4.Office to number the appeal, if it is otherwise in order and list it for admission in the usual course. Further, it is made clear that the claimant is not entitled for any interest for the delay period of 281 days in filing the above appeal before this Court. sd/- 17/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

ORDER IN C.M.P(MD)No.6903 of 2020 in C.M.A(MD)SR.No.46752 of 2020 Date :17/02/2022 USK/SBN/SAR-III/22.02.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2