Madras High CourtCMP/4591/2021delay condoned

Sasikala v. Vijayarani

2021-07-29Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand Twenty One PRESENT THE HON`BLE MRS JUSTICE S. KANNAMMAL CMP No.4591 of 2021 IN CMA(SR)NO.29288 of 2020 1 SASIKALA [ PETITIONERS ] 2 MALATHI 3 SUMATHI 4 VALARMATHI 5 GOPINATH Vs 1 VIJAYARANI [ RESPONDENTS ] 2 THE NEW INDIA ASSURANCE COMPANY LTD, MOTOR THIRD PARTY CELL.

(THE 1ST RESPONDET EXPARTE IN LOWER COURT, HENCE NOICE MAY BE DISPENSE WITH).

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 1376 days in filing the CMA.SR.No.29288 of 2020. CMP.NO. 4591/2021 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.VARADHAKAMARAJ, Advocate for the petitioner the court made the following order:- This petition is filed by the petitioners / appellants / claimants seeking to condone the delay of 1376 days in filing the above Appeal.

2. Heard both sides. The learned standing counsel for the 2nd respondent / Insurance Company stated No Objection for ordering this petition, subject to the condition that the claimants may not be permitted to receive interest for the default period. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above submission and having regard to the reasons stated in the accompanying affidavit filed in support of this petition and being satisfied with the same, the delay is condoned subject to the following conditions:- (i) The petitioners / appellants shall pay a sum of Rs.2,000/- as costs, to the "Tamil Nadu State Legal Services Authority, Chennai" on or before 12.08.2021, failing which this petition shall stand dismissed automatically without further reference to this Court.

(ii) The petitioners / appellants / claimants are not entitled to any interest for the default period, in the event of succeeding in the Appeal.

4. This petition is ordered accordingly.

-sd/- 29/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE II ADDITIONAL DISTRICT JUDGE, POONAMALLEE 2 THE SECRETARY, TAMILNADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, CHENNAI-104 Order in CMP No.4591/2021 IN CMA(SR)NO.29288/2020 Date :29/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV 03/08/2021 https://hcservices.ecourts.gov.in/hcservices/