The United India Insurance Co Ltd v. R.Gokulanathan
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 Nos.11748 AND 11750 of 2021 in C.M.A.SR.Nos.75435 & 75437 of 2012 THE UNITED INDIA INSURANCE CO LTD,[PETITIONER IN ALL THE PETITIONS] NO.19, ANDIAPPA GRAMINI STREET, ROYAPURAM, CHENNAI-13.
Vs 1 R.GOKULANATHAN [1 & 2 RESPONDENTS in CMP No.11748/2021 IN CMA.SR.NO.75437/2012 ] 2 G SIVAKUMAR 1 S.RAJESH [1 & 2 RESPONDENTS IN CMP.No.11750/2021 IN CMA.SR.NO.75435/2012] 2 G.SIVAKUMAR 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 2725 days in representing the above apeal filed under CMASR No.75437 of 2012 against decree and Judgment dated 05-01-2012 made in MCOP No.3666 of 2008 passed by the IV Judge of Small Causes Court on the file of Motor Accident Claims Tribunal, chennai.( in CMP No.11748/2021)and
(2) To condone the delay of 2725 days in representing the above appeal filed under CMASR No.75435 of 2012 against decree and Judgment dated 05-01-2012 made in MCOP No.3665 of 2008 passed by the IV Judge of Small Causes Court on the file of Motor Accident Claims Tribunal, Chennai.( in CMP No.11750/2021) Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.J.VIJAYARAAGHAVAN, Advocate for the petitioner in both the petitions the court made the following order:- CMP.Nos.11748 & 11750 of 2021 have been filed by the petitioner / appellant / Insurer seeking to condone the delay of 2725 days in representing the above Appeals.
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2. CMP No.11746 of 2021 has been filed by the petitioner/appellant/Insurer seeking to condone the delay of 2752 days in payment of the deficit court fee in the above Appeal.
3. Heard the learned counsel for the petitioner.
4. Having regard to the reasons stated in the accompanying affidavits filed in support of these petitions and being satisfied with the same, the delay of 2725 days in representing as well as the delay of 2752 in paying the deficit court fee are condoned subject to the condition that the petitioner / appellant / Insurer pays a sum of Rs.1,500/- to the "Tamil Nadu State Legal Services Authority, Chennai" on or before 12.08.2021 from today, failing which, this petition will stand dismissed automatically without further reference to this Court and these petitions are ordered accordingly.
-sd/- 29/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SMALL CAUSES COURT, CHENNAI.
COPY TO THE SECRETARY TAMILNADU STATE LEGAL SERVICES AUTHORITY HIGH COURT BUILDING, HIGH COURT, MADRAS.
Order in CMP No.11748,11750 of 2021 in C.M.A.(SR)Nos.75435 & 75437 of 2012 Date :29/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS 03/08/2021 https://hcservices.ecourts.gov.in/hcservices/