Petition to condone a 106-day delay in filing an appeal against a motor accident claims tribunal award. The court allowed the petition on payment of Rs.500 costs to Cancer Institute (WIA), with automatic dismissal if costs are not paid 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.13224 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Sixteenth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P(MD)No.13224 of 2024 in C.M.A(MD)SR No.68418 of 2024
THE MANAGING DIRECTOR TAMILNADU STATE TANSPORT CORPORATION, KUMBAKONAM DIVISION 4, PUDUKKOTTAI. ... PETITIONER/APPELLANT
Vs
RAJESHWARY ... RESPONDENT/RESPONDENT
Civil Miscellaneous 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 106 days in preferring the Civil Miscellaeous Appeal against the award dated 05.02.2024 in MCOP No.65 of 2019 on the file of MACT (III Additional District Judge, Thanjavur at Pattukottai).
PRAYER IN C.M.A(MD)SR No.68418 of 2024:
Pleased to set aside the award passed in MCOP.No.65 of 2019 dated 05.02.2024 on the file of MACT(III Additional District Judge), Thanjavur @ Pattukottai and allow this civil miscellaneous appeal.
ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the https://www.mhc.tn.gov.in/judis arguments of Mr.A.V.B.KRISHNAKANTH, Advocate for the petitioner, the court
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C.M.P(MD)No.13224 of 2024
made the following order:-
Notice sent to the respondent was returned as no such addressee. Hence, paper publication was ordered and it was effected on 13.12.2024 and copy of the same has also been filed into the Court.
2.Heard the learned counsel for the petitioner.
3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition shall be allowed on condition to pay costs of Rs.500/- (Rupees Five Hundred only) to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai –20 (payable in A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai
– 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497),
within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall stand dismissed automatically without any further reference to this Court.
sd/16/12/2024
/ TRUE COPY /
/12/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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C.M.P(MD)No.13224 of 2024
NS
TO THE III ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR @ PATTUKOTTAI.
COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI –20
ORDER IN C.M.P(MD)No.13224 of 2024 in C.M.A(MD)SR No.68418 of 2024 Date :16/12/2024
SA/GSV/SAR. /26.12.2024/3P/3C
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 the delay of 106 days in filing the appeal against the MCOP award should be condoned.
The Managing Director, Tamilnadu State Transport Corporation, Kumbakonam Division 4, Pudukkottai
Rajeshwary
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
