Madras High Court
The Tamil Nadu State Transport ... vs L.Sivagami on 19 February, 2021
C.M.P.(MD).No.175 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.P(MD)No.175 of 2020
in C.M.A(MD).SR.No.17447 of 2017
The Tamil Nadu State Transport Corporation Limited
(Madurai Division -I)
Bye pass Road,
Madurai 625 016
Represented through its
The Managing Director ... Petitioner/Appellant
Vs.
L.Sivagami ....Respondent/Respondent
Prayer in C.M.P(MD).No.175 of 2020 : This petition is filed under
Section 173(1) of the Motor Vehicles Act, 1988, to condone the delay of
1250 days in filing the civil miscellaneous appeal against the Judgment
and Decree dated 25.06.2015 passed in M.C.O.P.No.213 of 2014 on the
file of the Motor Accident Claims Tribunal (The Special Sub Court),
Madurai.
Prayer in C.M.A(MD).SR.No.17447 of 2017: This Civil Miscellaneous
Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set
aside the Judgment and Decree made in M.C.O.P.No.213 of 2014 dated
25.06.2015 on the file of the the Motor Accident Claims Tribunal (the
Special Sub Court), Madurai.
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1/4
C.M.P.(MD).No.175 of 2020
For Petitioner : Mr.K.Sudalaiyandi
Standing Counsel
For R1 : Mr.N.Sudhagar Nagaraj
ORDER
This Civil Miscellaneous Petition has been filed to condone the
delay of 1250 days in filing the above appeal.
2.As regards the delay, the learned counsel for the petitioner would
state that the award was passed on 25.06.2015 and the lower Court
counsel applied for the certified copy on 26.06.2015 and the same was
made ready on 17.08.2015. Since certified copies of the judgment and
decree were misplaced in the lower Court counsel office, he did not able
to send the same to this appellant transport corporation to prefer the
appeal in time. In the above said reason, a delay of 1250 days is occurred
to prefer this appeal. The above delay occurred which is neither wilful
nor wanton and the petitioner corporation has good grounds on merits.
Thus, he would pray to condone the delay.
3.Heard the learned counsel for the petitioner and perused the
materials available on record.
4.The petitioner has stated in a routine manner that the Tribunal
has pronounced the order on 25.06.2015, after obtaining the order copy,
the same was misplaced in the lower court counsel office. Due to the
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C.M.P.(MD).No.175 of 2020
above reason, there was a delay of 1250 days in filing the appeal. Gross
negligence on the part of the counsel or the litigant has to be taken note
of while considering the delay.
5.It is seen that no acceptable reason has been adduced for
condoning the huge delay of 1250 days in filing the above Civil
Miscellaneous Appeal. Therefore, this Court is not inclined to condone
the delay of 1250 days in filing the appeal. By applying the principles
laid down in the Judgment reported in Esha Bhattacharjee v.
Managing Committee of Raghunathpur Nafar Academy & others,
[2013 (5) CTC 547 (SC) : 2013 (5) LW 20], I am not inclined to
condone the delay of 1250 days in filing the above appeal.
6.Accordingly, this petition is dismissed. In view of the order
passed in CMP(MD)No.175 of 2020, the connected C.M.A.(MD)SR.No.
17447 of 2017 is rejected at the SR stage itself. No costs.
19.02.2021
Index : Yes/No
Internet : Yes/No
msa
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
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C.M.P.(MD).No.175 of 2020
J.NISHA BANU,J
msa
To
1. The Motor Accident Claims Tribunal
( Special Sub Court), Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.P(MD)No.175 of 2020
in C.M.A(MD).SR.No.17447 of 2017
19.02.2021
http://www.judis.nic.in
