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Madras High CourtCMP(MD)/1379/2018ordered

Palraj, S/O.Ochuthevar, v. Babu

2018-08-07Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.1379 of 2018 IN CMA(MD) No.SR1144 of 2018 1.PALRAJ 2.UDHAYA ... PETITIONERS/APPELLANTS Vs 1.BABU 2.THE THIRD PARTY CLAIM OFFICER SRIRAM GENERAL INSURANCE COMPANY, E8 EPIP RLLCO, INDUSTRIAL AREA, SITAURA, JAIPUR, RAJASTHAN STATE. ... 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 181 days in filing the CMA SR.No.1144 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR1144 of 2018:

To set aside the contribution negligence based on the deceased person passed by the Judgment and Decree dated 12.04.2017 made in M.C.O.P.No.45 of 2016 on the file of the Motor Accident Claims Tribunal Cum Additional District Court and sessions Court Theni at Periakulam 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.G.GOMATHI SANKAR, Advocate for the petitioners and Mr.D.SRINIVASAN, Advocate for R2, and No Appearance for R1, the court made the following order:- This petition has been filed to condone the delay of 181 days in filing the above Civil Miscellaneous Appeal.

2. Heard both sides.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road, https://hcservices.ecourts.gov.in/hcservices/

Uthangudi, Ulaganeri, Madurai - 625 107, within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 07/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI AT PERIAKULAM.

COPY TO:

1.THE OFFICER INCHARGE, ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD, UTHANGUDI, ULAGANERI, MADURAI - 625 107.

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

ORDER

IN CMP(MD) No.1379 of 2018 IN CMA(MD) No.SR1144 of 2018 Date :07/08/2018 TK/MMS/SAR.2/30.08.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/