United India Insurance Co.Ltd v. R.Dillibabu @ Babu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE ABDUL QUDDHOSE CMP.No.14830 of 2021 in CMA.No.977 of 2016 UNITED INDIA INSURANCE CO.LTD., [ PETITIONER ] NO.134, SILINGI BUILDING, GREAMS ROAD, CHENNAI -6.
Vs 1 R.DILLIBABU @ BABU [ RESPONDENTS ] 2 ANDIRAYAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the dismissal order date 23-06-2021 passed against R2 and restore the same on file of this Honble Court in CMA No. 977 of 2016.(in CMP.No.14830 of 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 and of the 1st Respondent not appering either in person or by an Advocate the court made the following order:- This petition has been filed to restore the appeal dismissed for non prosecution as against the second respondent on 23.06.2021.
2. Heard Mr.M.J.Vijayaraghavan, learned counsel for the petitioner and there is no representation on the side of the first respondent.
3. Having regard to the reasons stated in the affidavit filed in support of this petition and this Court being satisfied with the same, this petition is allowed as prayed for. Accordingly, the appeal dismissed for non prosecution as against R2 is hereby set aside.
4. The learned counsel for the appellant is directed to effect Paper publication in one issue of "Malai Malar" as regards service of notice on R2 in the main Appeal indicating the hearing date as 09.11.2021.
https://hcservices.ecourts.gov.in/hcservices/
5. Post the matter on 09.11.2021.
-sd/- 06/10/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO THE II SPECIAL SUBBORDNATE JUDGE, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,CHENNAI.
Order in CMP.No.14830 of 2021 in CMA.No.977 of 2016 Date :06/10/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(08/10/2021) https://hcservices.ecourts.gov.in/hcservices/