Bajaj Allianz General v. P.Saraswathi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.32 of 2019 IN CMA(MD) No.SR28229 of 2016 BAJAJ ALLIANZ GENERAL INSURANCE CO LTD, NO.142/7, 1ST FLOOR, SRI BAJAJ ARCADE, THIRUVANANTHAPURAM ROAD, MURUGANKURICHI, PALAYAMKOTTAI, TIRUNELVELI 627 002.
... PETITIONER/APPELLANT Vs 1.P.SARASWATHI, 2 MINOR P.MUTHUKALA, ( 2ND MINOR RESPONDENT IS REPPRESENTED BY HER MOTHER AND NEXT FRIEND, 1ST RESPONDENT) 3 SAKKARAIAMMAL, 4 C.ILANGO, ... 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 872 days in representing the C.M.A(MD) SR No.28229 of 2016.
PRAYER IN CMA(MD) No.SR28229 of 2016:
To set aside the Judgment and Decree of the Claims Tribunal in M.C.O.P.No.137 of 2014, dated 19.01.2016 on the file of the Motor Accident Claims Tribunal, II Additional District Court, Thoothukudi, and allow the 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.J.S.MURALI, Advocate for the petitioner the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 872 days in representing the above Civil Miscellaneous Appeal.
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2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,500/- (Rupees one thousand and five hundred only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
4. It is stated by the learned counsel for the petitioner that petition to condone the delay in paying deficit court fee, is pending. Therefore, in the event of payment of cost, the Registry is directed to number the said petition, if it is otherwise in order and list the same forthwith.
sd/- 23/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE II ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THOOTHUKUDI.
COPY TO:- 1.THE SECTION OFFICER ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), 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.32 of 2019 IN CMA(MD) No.SR28229 of 2016 Date :23/01/2019 https://hcservices.ecourts.gov.in/hcservices/ AE/JC/SAR1/30.01.2019/2P/4C