← Library
Madras High CourtCRP/629/2018dismissed

The New India Assurance Co. v. N. Ajay Kumar @ Madavan

2018-02-23Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(NPD).No.629 of 2018 and CMP.No.3281 of 2018 The New India Assurance Co.Ltd., No.45, Moore Street (Third Party Cell), Vth Floor, Chennai 600 001.

.. Petitioner Vs 1.N.Ajay Kumar @ Madavan 2.Ravichandran .. Respondents PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India against the Judgment and Decree passed in MCOP.No.183 of 2004 on 10.07.2008 on the file of the learned Additional District and Sessions Judge, FTC III, the Motor Accident Claims Tribunal, Chennai For Petitioner : Mr.J.Chandran

O R D E R

According to the revision petitioner, the first respondent has filed a petition in MCOP.No.183 of 2004 against the revision petitioner and the second respondent for compensation. In the above said petition, ex-parte judgment and decree was passed on 10.07.2008. Pursuant to that, the revision petitioner has filed an application to set aside the exparte judgment and decree along with a condone delay application, which was also dismissed. Now the revision petitioner has filed the present Civil Revision Petition before this Court challenging the ex-parte judgment and decree dated 10.07.2008.

2. In the light of the above said facts, when the revision petitioner has already filed an application for condoning the delay in filing an application to set aside the ex-parte judgment and decree and the said application has been dismissed, now challenging the said judgment and decree before this Court cannot be entertained and the Civil Revision Petition is liable to be dismissed. However, it is open to the revision petitioner to approach before the appropriate forum, if so advised.

3. The Civil Revision Petition is dismissed with above direction. Consequently, the connected miscellaneous petition is closed. No costs.

23.02.2018 Note : Issue order copy on or before 25.04.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok To The learned Additional District and Sessions Judge, FTC III, the Motor Accident Claims Tribunal, Chennai

D. KRISHNAKUMAR J., lok CRP(NPD).No.629 of 2018 and CMP.No.3281 of 2018

23.02.2018