Dismissed¶28

The Divisional Manager v. Eshwari

Madras HC28 Jul 2025CMP(MD)/11016/2025

Case brief

AI extract

What is this about?

Condonation of delay petition under S.173(1) MV Act by TNSTC (Salem Division) for 163 days' delay in appealing M.C.O.P.No.415 of 2021 (Dindigul Motor Accident Claim Tribunal); dismissed for non-payment of batta despite conditional notice order dated 15.07.2025 (pay batta of Rs.35/- each in 3 working days, failing which automatic dismissal without further reference to Court); CMA rejected at SR stage; liberty given to file restoration petition. Relevant searches: batta non-compliance, automatic dismissal clause in notice order, SR-stage rejection, restoration petition, Madurai Bench, K.K. Ramakrishnan, J., 28.07.2025.

What did the court decide?

Liberty to the petitioner to file a restoration petition; the C.M.A.(MD)SR.No.94324 of 2024 was rejected at the SR stage itself. ¶28

The Divisional Manager Vs Eshwari — Motor Accident Claims | Madras HC (2025)

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C.M.P.(MD)No.11016 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 28.07.2025

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CORAM:

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THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

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C.M.P.(MD)No.11016 of 2025 in C.M.A.(MD)SR.No.94324 of 2024 and C.M.A.(MD)SR.No.94324 of 2024

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The Divisional Manager, Tamil Nadu State Transport Corporation Limited, Salem – Division, Salem.

... Petitioner

Vs.

1.Eshwari

2.Shanthi

3.K.Chandrashkhar ...Respondents

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Prayer in C.M.P.(MD)No.11016 of 2025 : The Civil Miscellaneous Petition has been filed under Section 173(1) of Motor Vehicle Act, 1988, to condone the delay of 163 days in filing the civil miscellaneous appeal against the order dated 28.02.2024 made in M.C.O.P.No.415 of 2021 on the file of the Motor Accident Claim Tribunal / Principal District Court, Dindigul.

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1/4

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

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C.M.P.(MD)No.11016 of 2025

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Prayer in C.M.A.(MD)No.SR94324 of 2024 : The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, to set aside the order dated 28.02.2024 made in M.C.O.P.No.415 of 2021 on the file of the Motor Accident Claim Tribunal / Principal District Court, Dindigul.

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(in both cases)

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For Petitioner : Mr.K.Ramaiah

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COMMON ORDER

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The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 163 days in filing the afore said appeal.

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By the order dated 15.07.2025, this Court ordered notice to the respondents and issued the following directions.

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“2.Batta in 3 working days. Failing which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post, the petitioner is directed to pay batta of Rs.35/- each.”

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2/4

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

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C.M.P.(MD)No.11016 of 2025

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In spite of the above said order, batta was not paid within the

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time. Therefore, the Civil Miscellaneous Petition stands dismissed with liberty to the petitioner to file restoration petition. Consequently, C.M.A. (MD)SR.No.94324 of 2024 stands rejected at the SR stage itself.

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28.07.2025

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NCC :yes/No Index :yes/No Internet:yes/No csm

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