Swayam Prakash v. Deepak Subhash Nawale(Truck Owner)

C.M.P.No.11899 of 2023 in C.M.A.SR.No.71778 of 2023 SUNDER MOHAN,J.

This Application has been filed to condone the delay of 120 days in filing the above captioned C.M.A against the decree and judgment dated 01.11.2022 made in M.C.O.P.No.164 of 2020 on the file of the Motor Accident Claims Tribunal, Special District Judge, Salem.

2. Learned counsel for the petitioner submitted that the first respondent remained ex-parte before the Tribunal and therefore, requested this Court to dispense with the notice to the first respondent and had also made an endorsement to that effect in the Court bundle.

3. Mr.D.Bhaskaran, learned counsel takes notice for the fourth respondent submitted that he has no serious objection in allowing these above applications.

4. Though notice was served on the second and third respondents, none had entered appearance on their behalf before this Court.

5. Heard both sides.

https://www.mhc.tn.gov.in/judis

SUNDER MOHAN,J.

gba

6. Considering the averments made in the affidavit filed in support of these petitions and also the fact that the second respondent has no serious objections in allowing these present petitions, and being satisfied with the same, the delay is condoned. Hence, these petitions are ordered as prayed for.

7. Registry is directed to number the C.M.A., if it is otherwise in order and the list the same in due course.

25.08.2023 gba C.M.P.Nos.11899 of 2023 in C.M.A.SR.No.71778 of 2023 25.08.2023 (2/2) https://www.mhc.tn.gov.in/judis