Madras High CourtCMP(MD)/381/2019ordered

The Oriental Insurance Company v. John Augustin Raj

2019-07-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.381 of 2019 IN CMA(MD) No.SR49489 of 2018 THE ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, SHARATHA SHOPPING COMPLEX, 39-40, WORKSHOP ROAD, SIMMAKKAL, MADURAI. PETITIONER/APPELLANT Vs 1 JOHN AUGUSTIN RAJ 2 P.ARUNKUMAR 3 A.P.M.KALAI ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone he delay of 112 days in preferring the above Civil Miscellaneous Appeal against the order dated 27/02/2018 made by the Motor Accident Claims Tribunal cum Special Sub Judge, Madurai in MCOP.No.

842/2016 ORDER:This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.E.CHANDRASEKARAN, Advocate for the petitioner and of MR.C.GODWIN, Advocate for R1, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 112 days in filing the above Civil Miscellaneous Appeal.

2.The learned counsel for the respondents is not present today. 3.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.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which https://hcservices.ecourts.gov.in/hcservices/

this petition shall stand dismissed automatically without any further reference to this Court.

4.This petition is accordingly ordered.

5. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.381 of 2019 IN CMA(MD) No.SR49489 of 2018 Date :02/07/2019 msa PK/JC/SAR-1/08.07.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/