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Madras High CourtCMP(MD)/3924/2019allowed

The Branch Manager, v. Govindsamy

2019-04-22Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.3924 of 2019 IN CMA(MD) No.SR27889 of 2018 THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, 96, BHARATHIYAR ROAD, SATTUR.

(POLICY NO.72170131080100200098) ... PETITIONER/ APPELLANT Vs 1 GOVINDSAMY 2 MALLIGA ... 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 238 days in re-presenting the above C.M.A.SR.No.27889 of 2018 and thus render justice. PRAYER IN CMA(MD) No.SR27889 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Srivilliputhur, in MCOP No.15 of 2011 dated 22nd day of August, 2017.

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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 238 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 two weeks from the date of https://hcservices.ecourts.gov.in/hcservices/

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 if the papers are otherwise in order and after showing the proof of cost.

sd/- 22/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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.3924 of 2019 IN CMA(MD) No.SR27889 of 2018 Date :22/04/2019 JM/JC/SAR 3/27.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/