The Tamilnadu State Transport Corp.Ltd., v. Kalyanakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.12466 of 2019 IN CMA(MD)SR.No.84177 of 2019 THE TAMILNADU STATE TRANSPORT CORPORATION, MADURAI, REPRESENTED BY ITS MANAGING DIRECTOR ... PETITIONER/APPELLANT Vs KALYANAKUMAR ... RESPONDENT/RESPONDENT 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 243 days in filing the Civil Miscellaneous Appeal against the award and decree made in M.C.O.P.No. 140 of 2014 dated 07.12.2018 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai. Prayer in CMA(MD)SR.No.84177 of 2019:
To allow this appeal, set aside the award and decree made in M.C.O.P.No. 140 of 2014 dated 07.12.2018 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai.
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.P.PRABHAKARAN, Advocate for the petitioner and of Mr.G.PRABHU RAJADURAI, Advocate for the Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 243 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.1,500/- (Rupees one thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a https://hcservices.ecourts.gov.in/hcservices/
period of two weeks from 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/- 01/02/2021 / 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 CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAGANGAI.
COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to Mr.P.PRABHAKARAN, Advocate ( SR-570[I] dated 01/02/2021 )
ORDER
IN CMP(MD) No.12466 of 2019 IN CMA(MD)SR.No.84177 of 2019 Date :01/02/2021 MSA TE/SMA/SAR-III : 04/02/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/