The Madras High Court condoned a delay of 1656 days in filing a restoration petition for a civil appeal under the Motor Vehicles Act. The court accepted the reasons provided and restored the appeal to the file.
Delay condoned; Restored the appeal to file and directed listing on 28.10.2021.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS Friday, the Twenty Second day of October Two Thousand and Twenty One
PRESENT
THE HON`BLE MR JUSTICE ABDUL QUDDHOSE
CMP No.12972 of 2021 IN CMA.SR 2909/2013
THE MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION LTD. KUMBAKONAM DIVISION, TRICHY REGION. .. PetitionerPetitioner/Appellant
.. PetitionerPetitioner/Appellant
Vs
M.PALANIAPPAN .. Respondent/ Respondent
Prayer:Civil Miscellaneous Petition filed Under Section 50 of Limitation Act prayed that this Hon'ble Court may be pleased to condone the delay of 1656 days in filing the above restoration petition.
Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle Act 1988 please to set aside the award made in the MCOP.NO.2389/2007 dated 01.08.2011 on the file of the Motor Accident Claims Tribunal,III Small Cause Court,Chennai.
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.Ramanathan, Advocate for the petitioner and of Mr.K.V,Varadha Kamaraj, Advocate for Respondent the court made the following order:-
The petition is filed to condone the delay of 1656 days in filing the restoration petition.
Mr.K.Varada Kamaraj, learned counsel takes notice for the respondent and has not raised any serious objection in allowing the petition.
Having satisfied with the reasons stated in the affidavit, filed in support of the petition, the delay is condoned and the petition is ordered.
The appeal is restored to file and the Registry is directed to list the appeal on 28.10.2021.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
TO
The Judge, Motor Accident Claims Tribunal, III Small Cause Court,Chennai
Copy to:
The Section Officer, Judicial Section, High Court,Madras
Dated :22/10/2021
Order
in CMP.12972/2021 in CMA.2909/2013 Petition restored etc as stated within.
MG(CO)
A.SK(26.10.2021)
1 issue framed by the court
Whether the delay of 1656 days in filing a restoration petition can be condoned under Section 50 of the Limitation Act.
2 provisions across 2 enactments
The Managing Director Tamil Nadu State Transport Corporation Ltd.
M. Palaniappan
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
