Partly allowed

The Divisional Manager, v. Deivanai

Madras HC2 Apr 2018CMP(MD)/1885/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a petition seeking condonation of 211 days delay in filing an appeal against a motor accident claims tribunal award. Delay was condoned upon the appellant agreeing to pay Rs.1,000 to the Legal Aid Service Authority.

What did the court decide?

Delay of 211 days condoned subject to payment of Rs.1,000 to Legal Aid Service Authority within one week.

The Divisional Manager, Vs Deivanai — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Monday, the Second day of April Two Thousand Eighteen

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PRESENT

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The Hon`ble Mrs.Justice J.NISHA BANU

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CMP(MD) No.1885 of 2018 IN CMA(MD) No.SR7829 of 2018

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, 61/2694, ANNAM ARCADE 1ST FLOOR, SOUTH STREET, THANJAVUR. ... PETITIONER / APPELLANT

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1 DEIVANAI

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2 THE MANAGING DIRECTOR, TAMIL NADU STATE CORPORATION, PERIYAMILAGUPARAI, TIRCHIRAPPALLI DISTRICT.

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3 M/S.SRI BALAJI TRANSPORT, NO.39, KANNAKI STREET, ERODE. ... RESPONDENTS / RESPONDENTS

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 211 days in filing the appeal against the award dated 04.03.2017 made in MCOP No.730 of 2016 on the file of Motor Accidents Claims Tribunal (Special Sub Court), Thanjavur, pending disposal of the above C.M.A. and thus render justice.

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PRAYER IN CMA(MD) No.SR7829 of 2018:-

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to set aside the award and Decree dated 04.03.2017 made in M.C.O.P.No.730 of 2016 on the file of Motor Accidents Claims Tribunal (Special Sub-Court), Thanjavur.

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ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.I.SUTHAKARAN, Advocate for the petitioner and the court made the following order:-

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This petition has been filed to condone the delay of 211 days in filing the above civil Miscellaneous appeal in C.M.A(MD)No.SR7829 https://hcservices.ecourts.gov.in/hcservices/ of 2018, against the award passed in M.C.O.P.No.730 of 2016.

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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.1,000/- (Rupees One Thousand Only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

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This petition is accordingly ordered. sd/02/04/2018 / TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE MOTOR ACCIDENTS CLAIMS TRIBUNAL (SPECIAL SUBORDINATE JUDGE, THANJAVUR,

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COPY TO:-

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THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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JAM/03/04/2018/ PN / SAR 1 / 2P-3C

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ORDER IN CMP(MD) No.1885 of 2018 IN CMA(MD) No.SR7829 of 2018 Date :02/04/2018

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https://hcservices.ecourts.gov.in/hcservices/

The Divisional Manager, v. Deivanai

Case brief

What is this about?

What did the court decide?

The Divisional Manager, v. Deivanai

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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