Royal Sundaram Alliance v. Sharmila

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of January Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE A. SELVAM AND THE HON`BLE MR JUSTICE P. KALAIYARASAN CMP No.19441 of 2017 IN CMA.2982/2017 ROYAL SUNDARAM ALLIANCE [ PETITIONER ] GENERAL INSURANCE CO LTD, LEGAL DEPARTMENT SUNDARAM BUILDING 2ND FLOOR, NO.1, CLUB HOUSE ROAD, CHENNAI.

Vs 1 SHARMILA [ RESPONDENTS ] 2 SATHAPA MINOR 3 VISHVA MINOR S/O. LATE GUNASEKARAN [MINOR REP BY THEIR MOTHER AND NEXT FRINED SHARMILA.) 4 VAIRAM 5 KALIYAMOORTHY 6 M.ELUMALAI (6th RESPONDENT HEREIN IS NOT NECESSARY PARTY TO THIS PETITION. HENCE, 6TH RESPONDENT IS HEREIBY GIVEN UP IN THIS C.M.P. HENCE, NOTICE TO THE 6TH RESPONDENT IS NOT NECESSARY IN THIS PETITION) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time granted to deposit of 50 percent of the compensation in C.M.P.No.17569/2017 in C.M.A No.2982/2017 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.MANOHAR, Advocate for the petitioner and of MR.A.ABDUL KANI, Advocate for the 1 to 5 Respondents the court made the following order:-

[Order of the Court was made by A.SELVAM, J.] This petition has been filed praying to extend the time prescribed as per order passed in C.M.P.No.17569 of 2017.

2. It is averred in the petition that in the order passed in C.M.P.No.17569 of 2017, the petitioner has been directed to deposit 50% of the award amount passed in M.C.O.P.No.5780 of 2015 on or before 09.11.2017. Further it is averred in the petition that within that period, the petitioner has not been able to deposit the amount.

3. Considering the reason given in the petition, this petition is liable to be allowed.

Accordingly, this petition is allowed.

-sd/- 10/01/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE REGISTRAR SMALL CAUSES COURT, MADRAS C.C. to M/S.S.MANOHAR Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.19441/2017 in CMA.2982/2017 Date :10/01/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 12/01/2018