Madras High CourtCMA(MD)/272/2011dismissed for nonprosecution

Ramasamy, v. R.Thangavel,

2021-02-15Honourable Mr Justice K. Kalyanasundaram2 pages

C.M.A.(MD) No.272 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD) No.272 of 2011 Ramasamy ... Appellant/Petitioner -vs1.R.Thangavel 2.The Branch Manager The New India Assurance Company Ltd., P.P.K.Complex T.S.No.3548/2 & 3549/1, 2 I Floor South Main Street Pudukkottai ... 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 04.09.2010, passed in M.C.O.P.No.137/2008, on the file of the Motor Accident Claims Tribunal / Sub Court, Pudukkottai.

For Appellant : No appearance For Respondents : R1 - Dismissed vide Court Order dated 29.11.2017 Mr.B.Vijay Karthikeyan 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 vide order dated 21.12.2020, but sofar, it has not been complied with. Subsequently, there was no representation for the appellant when the case was listed on 29.01.2021, 05.02.2021 and 12.02.2021. Hence, Registry was directed to list the appeal today under the caption "For Dismissal". Even today, when the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD) No.272 of 2011 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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Sub Judge, Motor Accident Claims Tribunal, Pudukkottai.

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

+1 CC to Mr.B.VIJAYAKARTHIKEYAN, Advocate ( SR-5285[F] dated 16/02/2021 ) C.M.A.(MD) No.272 of 2011 15.02.2021 KM (01.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2