Madras High CourtCMP(MD)/7173/2018ordered

The Managing Director v. Sivakumar

2019-07-31Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7173 of 2018 IN CMA(MD) No.SR31146 of 2018 THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION KUMBAKONAM.

... PETITIONER/ APPELLANT Vs 1 SIVAKUMAR (DIED) 2 PESALAVATHY 3 MINOR DEVENDRAN 4 MINOR SUDHARSON (R3 & R4 MINORS ARE REP.BY THROUGH THEIR MOTHER AND GUARDIAN THE 2nd RESPONDENT) (R2 TO R4 ARE B/R AS LRS OF THE DECEASED SOLE RESPONDENT AS PER ORDER DATED 28.02.2019 IN CMP(MD)NO.10865/18 IN CMA SR 31146/2018 BY SRTJ).

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 440 days in filing the Civil Miscellaneous Appeal against the Award and decree made in M.C.O.P.No.174 of 2014 dated 8.12.2016 on the file of the Motor Accident claims Tribunal/Chief Judicial Magistrate Court, Pudukkottai 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, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 440 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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.2,000/- (Rupees two thousand only) to the Legal Services Committee, attached to this Bench, on or before 01.08.2019, failing which this 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" on 02.08.2019.

sd/- 31/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

COPY TO:

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

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.7173 of 2018 IN CMA(MD) No.SR31146 of 2018 Date :31/07/2019 MS/PN/SAR-1/31.07.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/