Madras High CourtCMP(MD)/10530/2019ordered

N.Surbamanian v. Gowri

2021-02-11Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.10530 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10530 of 2019 AND CMA(MD) SR No.76638 of 2019 1 N.SUBRAMANIAN 2 N.RAJALAKSHMI ... PETITIONERS/APPELLANTS Vs 1 GOWRI 2 THE MANAGER UNITED INDIA INSURANCE COMPANY LTD, JEEVAJOTHI BUILDINGS, DINDIGUL. ... RESPONDENTS/RESPONDENTS 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 416 days in filing the above Civil Miscellaneous Appeal.

PRAYER IN CMA(MD)SR No.76638 of 2019:

To Set aside the order passed by the Workmen Compensation Commissioner's Tribunal, Dindigul made in W.C.No.1 of 2016 dated 17.07.2018 by allowing the Civil Miscellaneous Appeal. 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 Mr.MP.SENTHIL, Advocate for the petitioner and of Mr.N.SIVAKUMAR, Advocate on behalf of the 2nd Respondent, the Court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 416 days in filing the above Civil Miscellaneous Appeal.

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.1000/- (Rupees thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.10530 of 2019 the date of receipt of copy of this order, failing which the 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".

sd/- 11/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO THE PRESIDING OFFICER, WORKMEN COMPENSATION COMMISSIONER'S TRIBUNAL, DINDIGUL.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10530 of 2019 AND CMA(MD) SR No.76638 of 2019 Date :11/02/2021 MSA PK/SMA/SAR-I/16.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2