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Madras High CourtCMA/682/2004dismissed for default

Vaijayanthimala v. V.Purushothaman

2019-07-19Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM:

DATED: 19.07.2019 THE HONOURABLE MR.JUSTICE R.MAHADEVAN C.M.A.No.682 of 2004 Vaijayanthimala ...Appellant Vs 1.V.Purushothaman 2.United India Insurance Co., Ltd., No.48, Sowcarpet Branch, General Muthiah Mudali Street, Chennai - 600 079 3.M/s. Meenakshi Finance and their Share holder, No.5, Dhamothara Mudaliar street, Spurtank road, Chetpet, Chennai - 600 037 4.Branch Manager National Insurance Company Ltd., George Town Branch No.7, Jeenath House, Amtharasen Street, (opp.to Kuralagam) Broadway, Chennai - 108

...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the Judgement and Decree dated 27.08.1997 made in M.A.C.T.O.P.No.196 of 1988 on the file of the Motor Accidents Claims Tribunal, [District Judge] at Tindivanam insofar as rejecting the claim of the appellant to that of the sum of Rs.3,71,406/- and praying to setaside the same and allow the Civil Miscellaneous Petition.

For Appellant : No appearance For Respondents: Mr.D.Baskaran for R2 https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

When the Appeal came up for hearing on 11.07.2019, there was no representation for the appellant. Therefore, the matter was directed to be posted today (i.e.,) on 19.07.2019 for "Dismissal". Today also, there is no representation on behalf of the appellant. Despite ordering notice for morethan couple of occasions, notice has not been served on respondents 1,3 and 4. Hence there is no point in keeping the case pending. Therefore, this Civil Miscellaneous Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar ssd C.M.A.No.682 of 2004 RR(CO) CB(31/10/2019) https://hcservices.ecourts.gov.in/hcservices/