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Madras High CourtCMP(MD)/2672/2019allowed

The Branch Manager, v. Muneeswari,

2019-04-25Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.2672 of 2019 IN CMA(MD) No.SR39216 of 2017 THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, 7/1, WEST CAR STREET, SIVAKASI-626 123. ... PETITIONER/ APPELLANT Vs 1 MUNEESWARI 2 MINOR.PANDEESWARI (2nd RESPONDENT REPRESENTED BY MOTHER AND NEXT FRIEND 1st RESPONDENT MENEESWARI) (PETITION IS AMENDED AS PER ORDER IN IA.No.87/2013 dated 09.01.2013) 3 P.S.RAVIKUMAR 4 CHINNAMMAL 5 AZHAGAR ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 509 days in representing the appeal papers in CMA(MD)SR.No.39216 of 2017 on the file of this Honourable Court and thus render justice.

PRAYER IN CMA(MD) No.SR39216 of 2017:

To set aside the fair and decreetal order dated 10.04.2017 made in MCOP No.61 of 2012 on the file of Motor Accident Claims Tribunal (Sub Court), sivakasi and allow this 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 MR.S.SRINIVASA RAGHAVAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This Civil Miscellaneous Petition has been filed to condone the delay of 509 days in re-presenting the above said appeal.

2.Heard the learned counsel for the petitioner. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed with cost of Rs.500/-.

4.The petitioner is directed to pay a sum of Rs.500/- to the credit of Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, within a period of three weeks from the date of receipt of a copy of this order, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeal and post the same in the normal course under the caption "for admission", if the papers are otherwise in order and after showing the proof of cost.

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAKASI.

COPY TO:

1 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2672 of 2019 IN CMA(MD) No.SR39216 of 2017 Date :25/04/2019 JM/PN/SAR 3/13.05.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/