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Madras High CourtCMA/3531/2004dismissed for nonprosecution

The New India Assurance Co. v. Arokiadoss,Kothavakkum Village

2016-11-25Honourable Mr Justice G. Chockalingam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM C.M.A.No.3531 of 2004 The New India Assurance Company Limited, 46, IInd Line Beach, Moore Street, Chennai - 1.

... Appellant/2nd Respondent Vs.

1.

Arokiadoss

2. Kamalakkannan ... Respondents/Petitioner 1st Respondent (The second respondent herein was the first respondent before the Tribunal and he remained ex-parte before the Tribunal.

Hence, the summons to the second respondent herein may be dispensed with) Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Decree and Judgment dated 28.03.2002 made in M.C.O.P.No.1946 of 1998, on the file of the Motor Vehicles Accidents Claims Tribunal, (V Court of Small Causes), Madras.

For Appellant : No Appearance For R-1 : Mr.AN.Viswanatha Rao

JUDGMENT

When the matter was taken up for hearing on 22.11.2016, there was no representation on behalf of the appellant. Hence, the matter was directed to be posted today i.e., on 25.11.2016 under the caption "For Dismissal". Today, when the matter is taken up for hearing, the learned counsel for the first respondent alone is present, but, there is no representation on behalf of the appellant. Hence, this Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

Jrl To V Court of Small Causes, Motor Vehicles Accidents Claims Tribunal, Madras.

Copy to:

The Record Clerk VR. Section, High Court, Madras ak(CO) md(10/02/2017) C.M.A.No.3531 of 2004 https://hcservices.ecourts.gov.in/hcservices/