Madras High CourtCMP(MD)/12468/2022ordered

Rajapandian v. The Managing Director

2022-12-20Honourable Mrs Justice N. Mala2 pages

CMP(MD) No.12468 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD) No.12468 of 2022 in CMA(MD)SR No.42570 of 2018 1 RAJAPANDIYAN 2 PITCHAIMANI 3 JEYAGEETHA, 4 GUNARADHA ... PETITIONERS/PETITIONERS/APPELLANTS Vs THE MANAGING DIRECTOR STATE EXPRESS TRANSPORT CORPORATION, PALLAVAN SALAI, CHENNAI. ... RESPONDENT/RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restore the CMP(MD).No.7628 of 2019 in CMA(MD).SR.No. 42570 of 2018 which was dismissed for default on 30/08/2019,before this Honourable Court.

PRAYER IN CMA(MD)SR.No.42570 of 2018:

Pleased to allow the above appeal calling for records relating to the award and decree dated 29.06.2018 passed in M.c.O.P.No. 49 of 2017 on the file of the Additional District and Sessions Court, Theni at Periyakulam, Theni district and set aside the same thereby modifying the award by enhancing the compensation as prayed for by the claimant in the original petition before the Tribunal. 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.P. SIVACHANDRAN, Advocate for the petitioner, the court made the following order:- This petition is filed to set aside the order dated 30.08.2019 and restore CMP(MD)No.7628 of 2019 in C.M.A.(MD)SRNo.42570 of 2018. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.12468 of 2022

2. I have gone through the affidavit filed in support of this petition and I am satisfied with the reasons stated therein. Therefore, the order in CMP(MD)No.7628 of 2019 in C.M.A.(MD) SRNo.42570 of 2018, dated 30.08.2019, is set aside and the appeal is restored. This Petition is accordingly ordered.

3. Registry is directed to restore the appeal on file. sd/- 20/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THENI AT PERIYAKULAM, THENI DISTRICT.

ORDER

IN CMP(MD) No.12468 of 2022 in CMA(MD)SR No.42570 of 2018 Date :20/12/2022 PKP/VR/SAR-4/28.12.2022/2P/2C https://www.mhc.tn.gov.in/judis 2/2