The High Court dismissed a Civil Miscellaneous Petition filed to condemn delay for filing an appeal. Consequently, the court dismissed the pending Civil Miscellaneous Appeal at the stage of the Special Return.
The CMP was dismissed as withdrawn, and the CMA was dismissed at the SR stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD)No.1337 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.10.2019 CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
CMP(MD)No.1337 of 2019 in CMA(MD)No.SR486 of 2019
The Tamil Nadu State Transport Corporation, Bye-pass Road, Madurai, Through its the Managing Director. … Petitioner
versus
... Respondents
Prayer in CMP(MD)No.1337 of 2019: Petition filed under Section 173(1) of MV Act, seeking to condone the delay of 526 days in filing the Civil Miscellaneous Appeal against the order dated 03.03.2017 in M.C.O.P.No.1108 of 2013 on the file of the IV Additional District Judge cum Motor Accident Claims Tribunal, Madurai.
Prayer in CMA(MD)SR No.486 of 2019: Appeal filed under Section 173 of Motor Vehicles Act, against the fair and decreetal order dated 03.03.2017 made in M.C.O.P.No.1108 of 2013 on the file of the IV Additional District Judge cum Motor Accident Claims Tribunal, Madurai.
For Petitioner : Mr.K.Sudalaiyandi ORDER
The learned counsel appearing for the petitioner has circulated a letter dated 03.10.2019 to the Registrar (Judicial), seeking to withdraw the Civil Miscellaneous Appeal.
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CMP(MD)No.1337 of 2019
Assistant Registrar (AD-I)
// True Copy //
Sub Assistant Registrar(CS )
Ogy
To
The Motor Accident Claims Tribunal (IV Additional District Judge) Madurai.
+1 CC to MR.K.SUDALAIYANDI, Advocate ( SR-92440[F] dated 17/10/2019 )
CMP(MD)No.1337 of 2019 in CMA(MD)No.SR486 of 2019 16.10.2019
MK (22.11.2019) 2P 3C
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2 issues framed by the court
Whether a Civil Miscellaneous Petition seeking withdrawal of an appeal can be dismissed as withdrawn, affecting the status of the appeal.
The procedural status of the Civil Miscellaneous Appeal upon withdrawal of the condonation petition.
Tamil Nadu State Transport Corporation
M.Annalakshmi
Minor Uthaya Soorya
R.Kamaye
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
