Madras High CourtCMA(MD)/1134/2010dismissed for nonprosecution

R.Selvaraj v. Nepolian

2021-02-09Honourable Mr Justice K. Kalyanasundaram2 pages

C.M.A.(MD) No.1134 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD) No.1134 of 2010 R.Selvaraj ... Appellant/Petitioner -vs1.Nepolian 2.The Regional Manager United India Insurance Company 1783/84, South Main Street Thanjavur Thanjavur District ... Respondents/Respondents PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the Judgment and Decree, dated 04.10.2005 in M.C.O.P.No.541 of 2003, on the file of the Motor Accident Claims Tribunal cum Principal Subordinate Judge, Thanjavur.

For Appellant : No appearance For Respondents : No appearance for R1 Mr.R.Srinivasan for R2

J U D G M E N T

A perusal of the records show that though the appellant was directed to serve copy of the typed set of papers on the respondents' counsel vide orders dated 09.12.2020 and 18.12.2020, but sofar, the same has not been served on the respondents' counsel. Subsequently, there was no representation for the appellant when the case was listed on 08.01.2021, 22.01.2021 and 05.02.2021. Hence, Registry was directed to list the appeal today under the caption "For Dismissal". Even today, when the matter is taken up for hearing, none appeared on behalf of the appellant. Hence, this Court has no other option except to dismiss the appeal for non-prosecution. Accordingly, the civil miscellaneous appeal is dismissed as non-prosecution. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD) No.1134 of 2010 Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the Judgment may be utilized for official purposes, but, ensuring that the copy of the Judgment that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. krk To:

1.The Motor Accident Claims Tribunal, Principal Subordinate Judge, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai( 2 copies).

C.M.A.(MD) No.1134 of 2010 09.02.2021 na(CO) TR(16.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2