The Madurai Bench of the Madras High Court allowed a curative petition to condone a 268-day delay in filing an appeal against a compensation tribunal order, subject to payment of Rs.500 costs.
Delay of 268 days in re-presenting the appeal is condoned, and the petitioner is directed to pay Rs.500 as costs 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.
C.M.P(MD)No.12345 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifteenth day of October Two Thousand and Twenty Four
PRESENT The Hon`ble Mr.Justice SUNDER MOHAN C.M.P(MD)No.12345 of 2024 in C.M.A(MD)SR.No.84713 of 2023
THE BRANCH MANAGER, M/S. UNITED INDIA INSURANCE CO.LTD., HAVING ITS OFFICE AT D.NO.1, POST OFFICE ROAD, PALAYAMKOTTAI, TIRUNELVELI.
... PETITIONER/APPELLANT
Vs
1 ARASIYA BEGUM
2 SULBIYA (MINOR)
3 ARIF RAHUMAN (MINOR)
... RESPONDENTS/RESPONDENTS
(MINOR RESPONDENTS 2 AND 3 REPRESENTED THROUGH THEIR MOTHER AND GUARDIAN, 1ST RESPONDENT ARASIYA BEGUM)
4.M/S.BALAGANAPATHI BLUE METALS, SUPPLIERS AND LORRY SERVICES, REP.THROUGH ITS PROPRIETOR NO.6/6-, PALAMPURAM, PUNNAM VILLAGE, ARAVANKURUCHI TALUK, KARUR DISTRICT -639002
... 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 268 days in re-presenting the CMA(MD).SR.No.84713 of 2023 and thus render justice.
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C.M.P(MD)No.12345 of 2024
PRAYER IN C.M.A(MD)SR.No.84713 of 2023:
To allow the CMA and set aside the order passed by the Learned Commissioner for Employees Compensation Tribunal/Joint Commissioner of Labor, Dindigul in E.C.No.72 of 2021 dated 14.08.2023 and dismiss the same as against the appellant
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.DILIP KUMAR, Advocate for the petitioner and of MR.A.LIAKET ALI, Advocate on behalf of the Respondents the court made the following order:-
This petition is filed to condone the delay of 268 days in re-presenting the appeal.
2.Heard the learned counsel for the petitioner. The learned counsel for the respondents is present.
SBI Periyakulam, within a period of two weeks from the date of receipt of a copy of this order.
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C.M.P(MD)No.12345 of 2024
appeal if it is otherwise in order and post the appeal for admission.
sd/15/10/2024
/ TRUE COPY /
/10/2024
Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
CM
TO
THE COMMISSIONER FOR EMPLOYEES COMPENSATION TRIBUNAL/ JOINT COMMISSIONER OF LABOR, DINDIGUL
COPY TO
1.THE SUB ASSISTANT REGISTRAR AE SECTION,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN C.M.P(MD)No.12345 of 2024 in C.M.A(MD)SR.No.84713 of 2023 Date :15/10/2024
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C.M.P(MD)No.12345 of 2024
RK/VR(18/10/2024) 4P / 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether to condone a delay of 268 days in re-presenting a Civil Miscellaneous Appeal.
THE BRANCH MANAGER, M/S. UNITED INDIA INSURANCE CO.LTD.
ARASIYA BEGUM
SULBIYA
ARIF RAHUMAN
M/S.BALAGANAPATHI BLUE METALS
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
