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Madras High CourtCMP(MD)/15026/2024allowed

National Insurance Company Ltd v. G. Krishnamoorthy,

2024-12-04Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in C.M.A.(MD) SR.No.72638 of 2024 THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, D.NO. 75 AND 77, SIVAN MATHA VEETHI, SIVAKASI - 626 123.

... PETITIONER/APPELLANT Vs 1 G. KRISHNAMOORTHY, 2 S.V.BASKAR ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 124 days in preferring appeal as against the order dated 22.03.2024 passed in EC. No. 96/2019 on the file of the joint commissioner of labor court/ commissioner for Employees compensation at Thirunelveli and take the appeal into file and thus render justice.

PRAYER IN C.M.A.(MD) SR.No.72638 of 2024:

Pleased to set aside the order dt.22.03.2024 passed in EC.No.96 of 2019 on the file of the Joint Commissioner of Labor Court / Commissioner for Employees Compensation at Thirunelveli by allowing the Civil Miscellaneous Appeal. ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.SAKTHIVEL, Advocate for the petitioner and of Mr.S.MURUGAPANDI, Advocate on behalf of the 1st Respondent and Mr.V.SASIKUMAR, Advocate for the Caveator, the court made the following order:- This petition is filed to condone the delay of 124 days in filing the above appeal.

2. Heard the learned counsel for the petitioner/appellant and the first respondent. The learned counsel for the first respondent has no serious 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 of receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without further reference to this Court. sd/- 04/12/2024 / TRUE COPY / 05/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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AM TO THE COMMISSIONER FOR EMPLOYEES COMPENSATION, JOINT LABOUR COURT, THIRUNELVELI.

COPY TO:

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

ORDER

IN in C.M.A.(MD) SR.No.72638 of 2024 Date :04/12/2024 SA/SAR. /05.12.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3