← Library
Madras High CourtCMA/4329/2019dismissed for nonprosecution

N.Murugan v. M/S Sri Vishweswara Transport Co-Op Society Ltd

2024-04-08Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.4329 of 2019 N. Murugan ... Appellant ..Vs..

1.M/s.Sri Vishweswara Transport Co-op. Society Ltd., C/o. M/s.Rama Rao and Sons Dairy Farm, PO: Junglighat, Port Blair District, Andaman, Andaman and Nicobar Islands-744 103.

2.United India Insurance Company Limited B.O, 1st Floor, Police Gurudwara Building Aberden Bazaar, Port Blair Andamans-744 101 and having one of the Divisional Office at 104-A-Peramanur Main Road Peramanur, Salem-636 007.

...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 13.07.2016 made in MCOP No.664 of 2008 dated 13.07.2016, on the file of the Motor Accident Claims (Special Subordinate Court No.1) Salem. 1/4

For Appellant : No Appearance For Respondents : No Appearance

J U D G M E N T

There is no representation on both sides. This Court, by its order dated 19.12.2023 had made it clear that if steps are not taken to serve the notice on the first respondent on or before 03.01.2024, the appeal shall stand automatically dismissed as against the first respondent.

2. Admittedly, steps have not been taken by the appellant to serve the notice in this appeal on the first respondent on or before 03.01.2024. Therefore, the appeal as against the first respondent is now dismissed. There is also no representation on the side of the appellant. This Court can now be inferred that the appellant is not interested in prosecuting this appeal.

2/4

3. Accordingly, this Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs.

08.04.2024 Index:Yes/No Internet:Yes/No Speaking/Non-speaking order uma To 1.The Motor Accident Claims Tribunal/ (Special Subordinate Court No.1) Salem.

2.The Section Officer V.R.Section, High Court of Madras.

3/4

ABDUL QUDDHOSE, J.

uma C.M.A.No.4329 of 2019 08.04.2024 4/4