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Madras High CourtCMA/1137/2009dismissed for nonprosecution

The Managing Director, Tnstc., Dharmapuri v. G.Periyannan Achari

2021-09-22Honourable Mr Justice Abdul Quddhose2 pages

CMA.No.1137 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.1137 of 2009 and MP No. 1 of 2009 The Managing Director, Tamil Nadu State Tranport Corporation Ltd., Salem Division II, Bharathipuram, Dharmapuri.

...Appellant vs.

G. Periyannan Achari

...Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award made in MCOP No. 814 of 2003 dated 23.02.2005 on the file of the Motor Vehicles Accident Claims Tribunal and Sub Court at Krishnagiri.

For Appellant :

Mr. D. Raghu For Respondent :

Not ready in notice ABDUL QUDDHOSE, J.

http://www.judis.nic.in 1/2

CMA.No.1137 of 2009 ab/nl

JUDGMENT

This Court by its earlier order dated 08.12.2020 made it clear that the Appellant will have to file the Affidavit of service of notice on the contesting respondent by 21.12.2020 failing which the Appeal will be dismissed. Admittedly, no steps have been taken by the Appellant till date to serve notice on the respondent and affidavit of service has also not been filed. Since steps have not been taken to serve notice on the respondent and in accordance with the earlier order dated 08.12.2020, this Appeal is dismissed for non prosecution. No Costs. Consequently, the connected Miscellaneous Petition is closed. 22.09.2021 ab/nl Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To The Motor Accident Claims Tribunal, Subordinate Judge, Sathyamangalam C.M.A.No.1137 of 2009 http://www.judis.nic.in 2/2