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Madras High CourtCMP/11233/2023ordered

Gubendiran v. Sureshkumar

2023-07-24Honourable Mr Justice Sunder Mohan2 pages

C.M.P.No.11233 of 2023 C.M.P.No.11233 of 2023 in C.M.A.SR.No.61723 of 2023 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 138 days in filing the above captioned C.M.A against the decree and judgment passed in M.A.C.T.O.P.No.201 of 2016, dated 25.07.2022 on the file of the Motor Accident Claims Tribunal, Special Sub Judge (MCOP), Tiruvannamalai.

2.Mr.M.B.Gopalan Associates takes notice on behalf of the 2nd respondent and submitted that he has no objection in allowing the present petition.

3.Learned counsel for the appellant submitted that the 1st respondent remained ex-parte before the Tribunal and therefore, requested this Court to dispense with the notice to the 1st respondent and had also made an endorsement to that effect in the Court bundle. Hence, notice to the 1st respondent is dispensed with.

4.Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent.

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C.M.P.No.11233 of 2023 SUNDER MOHAN,J.

gba 5.Considering the averments made in the affidavit filed in support of this application and being satisfied with the same, the delay is condoned. Hence, this petition is ordered as prayed for. 6.Registry is directed to number the C.M.A., if it is otherwise in order and the list the same in due course.

24.07.2023 gba C.M.P.No.11233 of 2023 in C.M.A.SR.No.61723 of 2023 24.07.2023 https://www.mhc.tn.gov.in/judis