The Madurai Bench of the Madras High Court considered a petition to condone a delay of 533 days in representing a civil miscellaneous appeal. The Court inclined to condone the delay subject to the payment of costs.
Delay of 533 days condoned subject to payment of Rs. 2,000/- to the Legal Services Committee within one week.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Twenty Ninth day of July Two Thousand Nineteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.5857 of 2019 IN CMA(MD) No.SR52919 of 2017
1 S.JEYALAKSHMI
2 M.KAVIN SIVA
K.SUYAMBULINGAM (DIED)
3 S.VADUVACHI 4 S.MALA 5 S.MALAR ... PETITIONERS/APPELLANTS
Vs
MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD., MADURAI DIVISION -II, NO.18, THIRUVANATHAPURAM ROAD, VANNARAPETTAI, TIRUNELVELI. ... RESPONDENT/RESPONDENT
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 533 days in representing the returned papers in C.M.A.(MD)SR.No.52919 of 2017 on the file of this Honourable Court.
PRAYER in C.M.A.(MD)SR.No.52919 of 2017:
To modify the judgment and Decree dated 21.07.2017 made in MCOP 555 of 2014 on the file of Motor Accidents Claims Tribunal, II Additional District Court, Tuticorin and enhance the compensation.
ORDER :This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.SIVA THILAKAR, Advocate for the petitioner, the court made the following order:-
Heard.
This petition has been filed by the petitioners seeking to https://hcservices.ecourts.gov.in/hcservices/ condone the delay of 533 days in representing 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.2,000/- (Rupees two thousand only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
sd/29/07/2019 / TRUE COPY /
Madurai Bench of Madras High Court,
TO
THE II ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TUTICORIN
COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
smn PK/JC/SAR-4/31.07.2019 : 2P/4C
1 issue framed by the court
Whether the delay of 533 days in representing the civil miscellaneous appeal warrants condonation?
S.JEYALAKSHMI
M.KAVIN SIVA
S.K.SUYAMBULINGAM (DIED)
S.VADUVACHI
S.MALA
S.MALAR
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
