The New India Assurance Co Ltd v. Kanimozhi

C.M.P.No.20356 of 2023 in C.M.A. No.2831 of 2014 K. RAJASEKAR,J.

This Civil Miscellaneous Petition is filed to condone the delay of 186 days in filing restore petition in C.M.P.(S.R.)No.107679 of 2023 for restoring the claim against the Respondents 1,3 and 4.

2. It is submitted by the learned counsel appearing for the Insurance Company that, the Respondents 1,3 and 4 are the claimants in M.C.O.P.No.376 of 2012 and due to the work pressure and by oversight, they are not able to take the notice in the appeal and the same was dismissed on the ground of noncompliance of the service of the notice. Now, we came to know about the dismiss only recently, hence, there is a delay in filing.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 186 days in filing the above C.M.P.(S.R.)No.107679 of 2023 is condoned.

4. Registry is directed to number the above Civil Miscellaneous Petition in C.M.P.(S.R.)No.107679 of 2023 or if it is otherwise in order and list the main appeal for hearing.

05.09.2023 https://www.mhc.tn.gov.in/judis stn

K. RAJASEKAR,J.

stn C.M.P.No.20356 of 2023 in C.M.A. No.2831 of 2014 05.09.2023 https://www.mhc.tn.gov.in/judis