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Madras High CourtCMP(MD)/2723/2019allowed

The Manager v. V.Sangeetha

2019-04-23Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.2723 of 2019 IN CMA(MD) No.SR34652 of 2016 THE MANAGER, M/S.RELIANCE GENERAL INSURANCE COMPANY LIMITED, PLA KANAGU TOWERS, 3RD FLOOR, THILLAI NAGAR, 11TH CROSS STREET, TRICHY. ... PETITIONER/ APPELLANT Vs 1 V.SANGEETHA 2 G.KALYANI 3 KAVITHA ... RESPONDENTS/ RESPONDENT 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 840 days in representation in the appeal in CMA(MD)SR.No.34652 of 2016 filed against the order and decree dated 26.10.2015 passed in MCOP No.362 of 2015 on the file of the Motor Accidents Claims Tribunal Judge/Special Subordinate Judge at Tanjore and thus render justice.

PRAYER IN CMA(MD) No.SR34652 of 2016:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal (Special Subordinate Judge) of Tanjore in MCOP No.362/2009 dated 26.10.2015 and allow the appeal with costs and thus render justice.

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.V.SAKTHIVEL, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 840 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.5,000/-.

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4.The petitioner is directed to pay a sum of Rs.5,000/- to the credit of Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, on or before 25.04.2019, failing which, the delay condoned by this Court shall stand vacated automatically. The Registry is directed to number the appeal and post the same on 25.04.2019 under the caption "for admission" if the papers are otherwise in order and after showing the proof of cost. sd/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SPECIAL SUBORDINATE JUDGE), TANJORE.

+1 CC to M/s.V.SAKTHIVEL, Advocate ( SR-7067[I] dated 23/04/2019 ) 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.2723 of 2019 IN CMA(MD) No.SR34652 of 2016 Date :23/04/2019 JM/PN/SAR 1/24.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/