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Madras High CourtCMA/640/2013dismissed for default

Arulmozhi v. Sridhar Driver

2023-09-08Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Arulmozhi ... Appellant / Petitioner Vs.

1. Sridhar

2. P. Viswanathan

3. Ashok Leyland Finance Limited, Rep. by its Managing Director, No.89, G.N. Chetti Road, T. Nagar, Chennai

4. The New India Assurance Co. Ltd., Rep. by Branch Manager, Having its at 1360-A, E.V.N. Road, Erode Town & Taluk.

... Respondents / Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 19.03.2008 made in M.C.O.P. No. 135 of 2007 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.2, Gobichettypalayam, Erode-District.

For Appellant : Mr. MA. P. Thangavel For RR 1 to 3 : Ex-parte For R4 : Mr. R. Rajesh 1/4

JUDGMENT

Earlier, this matter was posted on 01.09.2023, there was no representation on behalf of the appellant and hence, the matter was directed to be posted on 08.09.2023 (today) finally.

2. Even today (08.09.2023), when the matter is called, the learned counsel for the appellant appeared and submitted that, there is no instruction from the appellant. It shows that the appellant is not interested to proceed the case further. Hence, this Court has no other option except to dismiss the same.

3. Accordingly, this Civil Miscellaneous Appeal stands dismissed for non-prosecution. No costs.

08.09.2023 (2/2) stn Index:Yes/No Speaking Order : Yes/No 2/4

To

1. The Additional District and Sessions Judge, Fast Track Court-II, Gobichettipalayam.

2. The Section Officer, VR Section, High Court, Madras.

3/4

K.RAJASEKAR, J., stn 08.09.2023 (2/2) 4/4