Allowed

T.Murugesan(Died), 2.Kamalam, v. M/S.Salem Steel Company

Madras HC6 Dec 2024CMP(MD)/16114/2024

Case brief

AI extract

What is this about?

This judgment allows a civil miscellaneous petition seeking to condone a 748-day delay in restoring a first respondent in a motor accident appeal. The court accepted affidavit reasons and imposed a condition to deposit costs at the Cancer Institute.

What did the court decide?

Delay in restoration is condoned subject to deposit of Rs.1,000/- costs at Lahore High Court designated account; otherwise dismissed.

T.Murugesan(Died), 2.Kamalam, Vs… — Constitutional and Fundamental Rights | Madras HC (2024)

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C.M.P.(MD)No.16114 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the Sixth day of December Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MRS. JUSTICE R. KALAIMATHI

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C.M.P.(MD)No.16114 of 2024 in C.M.A.(MD)No.638 of 2009

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1 T.MURUGESAN(DIED),

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KAMALAM

3 SARAVANAN,

4 SIVALAKSHMI,

5 PATTURANI,

6 SAKTHIVEL,

7 PONLINGAVEL,

8 THILAGAMANI, ... Petitioners / Appellants

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1 M/S.SALEM STEEL COMPANY, PORUR,CHENNAI

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2 THE NEW INDIA ASSURANE COMPANY LTD., PORUR,CHENNAI

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.16114 of 2024

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3 THE MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION, TAMIL NADU DIVISION LTD., CHENNAI-2 ... Respondents / Respondents

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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 748 days in filing the restoration of the 1st respondent in CMA (MD).No.638 of 2009, Dated 02-09-2022.

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Prayer in CMA(MD). 638/ 2009 :

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to allow this appeal and set aside the order in M.C.O.P.No.1159 of 2005 on the file of Motor Accident Claimants Tribunal Authority (II Additional District Judge) Tirunelveli dated 31.01.2008.

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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 arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.V.SAKTHIVEL, Advocate, for the 2^nd Respondent, the court made the following order:-

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This petition is filed to condone the delay of 748 days in filing the restoration of the first respondent in the above appeal.

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Mr.V.Sakthivel, learned counsel takes notice for the second respondent.

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Heard the learned counsel for the petitioners/appellants and the second respondent.

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Accepting the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to deposit costs of Rs.1,000/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 https://www.mhc.tn.gov.in/judis (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch,

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C.M.P.(MD)No.16114 of 2024

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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

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weeks from today. Failing which, this petition shall stand automatically dismissed without reference to this Court.

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sd/06/12/2024 / TRUE COPY /

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10 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM

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The Judge, Motor Accident Claimants Tribunal Authority (II Additional District Judge) Tirunelveli

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copy to The Officer Incharge, Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 +1. C.C. to M/S.T.SELVAKUMARAN Advocate SR.No.15082(I) dated 09/12/2024

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ORDER IN C.M.P.(MD)No.16114 of 2024 in C.M.A.(MD)No.638 of 2009 Date :06/12/2024

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https://www.mhc.tn.gov.in/judis

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C.M.P.(MD)No.16114 of 2024

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PSP/ /SAR /10.12.2024/ 4P/ 4C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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T.Murugesan(Died), 2.Kamalam, v. M/S.Salem Steel Company

Case brief

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T.Murugesan(Died), 2.Kamalam, v. M/S.Salem Steel Company

Case brief

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