Madras High Court
The Managing Director vs Ranjitha on 10 December, 2018
Author: J.Nisha Banu
Bench: J.Nisha Banu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2018
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.P.(MD)No.11997 of 2018
and
C.M.A.(MD)No.SR21443 of 2017
The Managing Director,
Tamil Nadu State Transport Corporation,
Division I,
New Railway Station Road,
Kumbakonam. ... Petitioner / Appellant
Vs.
1.Ranjitha
2.Minor Venmathi
3.Minor Ishanth
4.Ramamirtham
5.Kandasamy ... Respondents
[Minor respondents 2 & 3 are represented
by their mother - 1st respondent herein]
PRAYER in CMP(MD)11997/18: Petition filed under Order IV Rule 9(4)
of A.S.Rules, to condone the delay of 540 days in re-presenting the
above appeal in C.M.A.No.SR21443 of 2017.
PRAYER in CMA(MD)SR21443/17: Petition filed under Section 173 of
the Motor Vehicles Act, against the judgment and decree dated
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18.01.2017 passed in M.C.O.P.No.759 of 2016, on the file of the Motor
Accidents Claims Tribunal, Special District Court, Thanjavur.
For Petitioner
/ Appellant : Mr.P.Prabhakaran
*****
ORDER
C.M.P.(MD)No.11997 of 2018 has been filed to condone the delay of 540 days in re-presenting C.M.A.No.SR21443 of 2017, which was filed challenging the judgment and decree dated 18.01.2017, passed by the learned Special District Judge, Motor Accidents Claims Tribunal, Thanjavur, in M.C.O.P.No.759 of 2016.
2. Heard the learned Counsel appearing for the petitioner / appellant Corporation and perused the documents placed on record.
3. Going by the affidavit filed in support of the condone delay petition, this Court does not find any reason for the delay of 540 days in re-presentation. In fact, on a perusal of records, it is seen that other than the delay in re-presentation, there is a delay of 551 days in paying the deficit Court fee.
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4. Though the appeal has been filed in time, deficit Court fee has not been paid in time and when the papers were returned, it was not re-presented, in time. The length of delay is not a minimal one. It is 540 days in re-presentation and 551 days in paying the deficit Court fee. It is a settled principle that reason for each day delay has to be given. But, for such an inordinate delay, the reason offered by the petitioner / appellant is not satisfactory and therefore, this Court is not inclined to condone the delay.
5. In such a view of the matter, C.M.P.(MD)No.11997 of 2018 is dismissed. Consequently, the civil miscellaneous appeal, which is in SR stage, is rejected.
Internet : Yes/No 10.12.2018
Index : Yes/No
gk
To
The Special District Judge,
Motor Accidents Claims Tribunal,
Thanjavur.
http://www.judis.nic.in
4
J.NISHA BANU,J.
gk
C.M.P.(MD)No.11997 of 2018
and
C.M.A.(MD)No.SR21443 of 2017
10.12.2018
http://www.judis.nic.in