Icici Bank v. C.A.Devi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.1153 of 2018 IN CMA(MD) No.SR4359 of 2018 ICICI BANK REP. BY ITS MANAGER ... PETITIONER / 5th OPPOSITE PARTY Vs 1 C.A.DEVI 2 SIVA SARASWATHI (MINOR) D/O.LATE.RAMANATHA PILLAI 3 SIVAKUMAR (MINOR) D/O.LATE.RAMANATHA PILLAI 4 MATHAMMAI ... RESPONDENTS / PETITIONERS (MINOR RESPONDENTS 2 & 3 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN 1st RESPONDENT ) 5 N.NEELESWARAN 6 R.RAJASEKAR 7 UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS MANAGER NAGERCOIL & POST AND VILLAGE, AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT 8 ORIENTAL INSURANCE COMPANY REP. BY ITS MANAGER DDJ CENTRE, 1ST FLOOR OPP.
VADASERY BUS STAND, NAGERCOIL, NAGERCOIL VILLAGE AGASTEESWARAM TALUK, KANYAKUMARI DISTRICT ...
Magistrate in M.C.O.P.No.41/2013 and thus render justice. PRAYER IN CMA(MD) No.SR4359 of 2018:- to set-aside the award passed in MCOP.NO.41/2013 dated 23.02.2015 on the file of the Motor Accidental Claim Tribunal and Chief Judicial Magistrate Court, Nagercoil by allowing this Civil Miscellaneous Appeal.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.J.ALAGURAM JOTHI, Advocate for the petitioner and of Mr.N.S.RAMAKRISHNADASS, Advocate for R1 to R4, R7 is not appeared either in person or by an Advocate, on behalf of the Respondents the court made the following order:- This application is filed seeking to condone the delay of 949 days in filing the appeal. This application is opposed by filing a counter. The petitioner bank contended that by wrong advice, a Civil Revision Petition was filed before this Court as against the award passed by the Motor Accident Claims Tribunal, Nagercoil, in M.C.O.P.No.41 of 2013 in C.R.P.(MD)SR.No.41338 of 2017 and the same was returned on 08.11.2017. Therefore, it is contended that after reaslising the mistake with regard to the maintainability of such revision, the present appeal is filed before this Court, which caused a delay of 949 days. Therefore, it is contended that the delay is neither wilful nor wanton.
2.The learned counsel appearing for the respondent contended that on merits, the appellant is not having any case. He further contended that choosing a wrong Forum cannot be an excuse for condoning the delay.
3.When the matter was listed before us earlier, we directed the learned counsel appearing for the appellant to produce the return papers of the C.R.P.(MD)SR.No.41338 of 2017, in order to ascertain the bona fide of the appellant. Accordingly, today the learned counsel produced those return papers.
4.Perusal of the same would show that the appellant has wrongly chosen to file Civil Revision Petition instead of filing the appeal. In any event, the appellant being the bank should have been vigilant and careful in choosing the correct Forum to challenge the award passed by the Tribunal. In not doing so, the petitioner/appellant has caused the delay of 949 days in filing the present appeal. Therefore, we are of the view that the petitioner/appellant must pay some cost for their negligence. Accordingly, this petition is allowed subject to condition that the petitioner/appellant pays a sum of Rs.1,000/- (Rupees One Thousand Only) as costs, to the Mediation and Conciliation Centre, attached to this Bench, within
seven days from today, failing which, this petition shall stand automatically dismissed sd/- 19/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE CHIEF JUDICIAL MAGISTRATE / MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL COPY TO:- THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.J.ALAGURAM JOTHI Advocate SR.No.10813 RJ2 JAM/21/06/2018/ CSL-RR /VK / 3P-4C
ORDER
IN CMP(MD) No.1153 of 2018 IN CMA(MD) No.SR4359 of 2018 Date :19/06/2018