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Madras High CourtCMP(MD)/14866/2024allowed

K.Umamaheswari v. The General Manager

2024-11-29Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Ninth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CROS.OBJ.(MD) SR.No.71231 of 2024 1 K.UMAMAHESWARI 2 C.K.BALAJI ... PETITIONER/CROSS OBJECTORS Vs THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION, KUMBAKONAM LIMITED, TRICHY DIVISION, TRICHY DISTRICT.

... RESPONDENT/RESPONDENT Civil Miscellaneous 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 145 days in filing the above Cross Objection(MD) SR.No.71231 of 2024 in CMA(MD). No.650 of 2024 and thus render justice. PRAYER IN CROS.OBJ.(MD) SR.No.71231 of 2024 in CMA(MD). No.650 of 2024: To call for the records to set aside the Judgment and Decree dated 28.04.2023 passed by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge), Theni at Periyakulam and enhance the compensation by allowing this Cross Objection in CMA(MD)No.650 of 2024 on the file of this Hon'ble Court. 1/3

ORDER : This Civil Miscellaneous 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 Mr.K.SURESH KUMAR, Advocate for the petitioner and of Mr.K.RAMAIAH, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 145 days in filing the above appeal.

2. Heard the learned counsel for the petitioner/appellant and respondent. The learned counsel for the respondent has raised objection in allowing this petition.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to pay costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497), within a period of two weeks from the date fo receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without further reference to this Court. sd/- 29/11/2024 / TRUE COPY / 02/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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APD TO THE ADDIITONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, THENI AT PERIYAKULAM.

COPY TO:

THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI - 20

ORDER

IN CMP(MD) No.14866 of 2024 Date :29/11/2024 SA/SAR. /02.12.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3