Single judge allowed a Civil Miscellaneous Petition seeking condonation of a 1407-day delay in filing a review application by imposing penal costs of Rs.1,00,000 payable to legal aid and a senior citizen home.
Allowance of the condonation of delay subject to the remittance of Rs.1,00,000/- to specified accounts within two weeks.
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.5806 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Sixteenth day of August Two Thousand and Twenty Three
PRESENT
The Hon`ble Dr.Justice ANITA SUMANTH and
The Hon`ble Mr.Justice R.VIJAYAKUMAR
C.M.P.(MD)No.5806 of 2023
in
Rev.Aplc(MD)No.SR45107 of 2022
M.MICHAEL RAJ
... PETITIONER/PETITIONER
Vs
1 THE CANARA BANK REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HAVING ITS HEAD OFFICE AT NO.112, J.C.ROAD,
BANGALORE - 560 052.
2 THE GENERAL MANAGER (INDUSTRIAL RELATIONS SECTION),
( PERSONAL WING), CANARA BANK, NO.112, JC ROAD, BANAGALORE - 560 052.
3 THE DEPUTY GENERAL MANAGER CANARA BANK, HUMAN RESOURCES MANAGEMENT SECTION, CIRCLE OFFICE, EAST VELI STREET, MADURAI - 625 001.
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CMP(MD) No.5806 of 2023
4 THE CHIEF MANAGER CANARA BANK, KARAIKUDI BRANCH, KARAIKUDI - 630 001.
... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1407 days in filing the Review Petition and pass such further or other orders as this Honourable Court deems fit.
PRAYER IN Rev.Aplc(MD)No.SR45107 of 2022:
To review the order dated 06.09.2016 made in WA(MD)No.20 of 2013 and allow the above review petition.
Prayer in WA(MD). 20/ 2013 :
Writ Appeal is filed under clause 15 of Letters Patent, to set aside the order, dated 9.10.2012 passed in WP.(MD).No. 13075/2012. Prayer in WP: Writ of Certiorarified Mandamus Calling for the records of the 3rd respondent herein MDUC-HRM 9434/2011 KS dated23.03.2011 and MDUC=HRM 2012/2011 R.V Dated 08.08.2011 and quash the same and direct the respondents herein to forthwith grant the stagnated increments to the petitioner and release the same to the petitioner with effect from 1st September 1990.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.J.LATHA, Advocate for the petitioner and of M/S.C.KARTHIK, Advocate on behalf of the Respondents the court made the following order:-
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CMP(MD) No.5806 of 2023
(Order of the Court was made by DR.ANITA SUMANTH, J.)
This Civil Miscellaneous Petition is filed seeking condonation of delay of 1407 days in filing the Review Application.
account of his illness. The inability that such travel posed is also not explained. The petitioner thereafter has skipped to the Covid-19 pandemic, which gripped the world only in March, 2020. Thus, there is no explanation as to what transpired between 2017 and 2020.
Court in WA(MD)No.617 of 2017 dated 20.11.2017, which according to him, has been https://www.mhc.tn.gov.in/judis
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CMP(MD) No.5806 of 2023
confirmed by the Hon'ble Supreme Court on 09.03.2018. No details of Special Leave Petition (including the number of Special Leave Petition) have been supplied.
respondent would formally object to the condonation, upon imposition of terms, the https://www.mhc.tn.gov.in/judis
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CMP(MD) No.5806 of 2023
resistance melts.
hearing in due course.
sd/16/08/2023
/ TRUE COPY /
/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
sm
COPY TO
1.THE OFFICER IN CHARGE,
LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE OFFICER IN CHARGE , ROJAVANAM, SENIOR CITIZEN HOME MADURAI .
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CMP(MD) No.5806 of 2023
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN C.M.P.(MD)No.5806 of 2023 in Rev.Aplc(MD)No.SR45107 of 2022 Date :16/08/2023
RK/BUC (22/08/2023) 6P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether delay of 1407 days in filing review application can be condoned by imposing penal terms.
Whether the reasons provided by the petitioner for the delay are sufficient to explain the inaction.
Colour shows how this judgement treated each authority
Wa,Md,No,617,of,2017Followed¶37
WA(MD)No.617 of 2017
M.Michael Raj
The Canara Bank
The General Manager (Industrial Relations Section), Canara Bank
The Deputy General Manager Canara Bank
The Chief Manager Canara Bank
Dr.Anita Samanth
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
