The Divisional Manager v. Eshwari
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025
CORAM:
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN in C.M.A.(MD)SR.No.94324 of 2024 and C.M.A.(MD)SR.No.94324 of 2024 The Divisional Manager, Tamil Nadu State Transport Corporation Limited, Salem - Division, Salem.
... Petitioner Vs.
1.Eshwari 2.Shanthi 3.K.Chandrashkhar
...Respondents
Prayer in C.M.P.(MD)No.11016 of 2025 : The Civil Miscellaneous Petition has been filed under Section 173(1) of Motor Vehicle Act, 1988, to condone the delay of 163 days in filing the civil miscellaneous appeal against the order dated 28.02.2024 made in M.C.O.P.No.415 of 2021 on the file of the Motor Accident Claim Tribunal / Principal District Court, 1/4
Prayer in C.M.A.(MD)No.SR94324 of 2024 : The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, to set aside the order dated 28.02.2024 made in M.C.O.P.No.415 of 2021 on the file of the Motor Accident Claim Tribunal / Principal District Court, (in both cases) For Petitioner : Mr.K.Ramaiah COMMON ORDER The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 163 days in filing the afore said appeal.
2. By the order dated 15.07.2025, this Court ordered notice to the respondents and issued the following directions. "2.Batta in 3 working days. Failing which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day.
Since this Court ordered notice through Court and Post, the petitioner is directed to pay batta of Rs.35/- each."
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3. In spite of the above said order, batta was not paid within the time. Therefore, the Civil Miscellaneous Petition stands dismissed with liberty to the petitioner to file restoration petition. Consequently, C.M.A. (MD)SR.No.94324 of 2024 stands rejected at the SR stage itself. 28.07.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The Principal District Judge, Motor Accident Claims Tribunal, 3/4
K.K.RAMAKRISHNAN ,J.
csm Order made in in C.M.A.(MD)SR.No.94324 of 2024 and C.M.A.(MD)SR.No.94324 of 2024 Dated : 28.07.2025 4/4