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Madras High CourtCMP(MD)/3950/2019ordered

The Branch Manager, v. T.Saravanan,

2019-06-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Tenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3950 of 2019 IN CMA(MD) No.317 of 2018 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, RAMANATHAPURAM. ... PETITIONER/APPELLANT Vs 1 T.SARAVANAN 2 K.RAMESH ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to effect service on the 2nd respondent by substituted service in any one of the Tamil Daily having circulation in the locality of the last known address of the 2nd respondent in CMA(MD) No.317 of 2018 and thus render justice. Prayer in CMA(MD). 317/ 2018 :

Pleased to set aside the award and Decree dated 06.12.2017 made in M.C.O.P.No.33 of 2013 on the file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court) Ramanathapuram. 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.I.SUTHAKARAN, Advocate for the petitioner and of Mr.H.VELAVADHAS, Advocate for R1, the court made the following order:- This petition has been filed by the petitioner to effect service on the 2nd respondent in C.M.A.No.317 of 2018 through substituted service, i.e., by publication in any one of the Tamil Daily in the locality of the last known address of the 2nd respondent.

2.It is stated by the learned counsel for the petitioner that though the petitioner has sent notice to the 2nd respondent, the same has not been served. Hence, he requested this Court to permit the petitioner to effect substituted service. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the above submission, the petitioner is permitted to serve notice to the 2nd respondent in C.M.P.No.3950 of 2019 in CMA.No.317 of 2018 through substituted service by effecting paper publication in any one of the Tamil Daily in the locality of the last known address of the 2nd respondent by duly indicating the date of next hearing as 24.06.2019.

4.The said exercise shall be completed on or before 21.06.2019 and the proof of paper publication should be filed before the Registry.

5.The petition is ordered accordingly.

6.Post the matter on 24.06.2019 for hearing.

sd/- 10/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMANATHAPURAM.

ORDER

IN CMP(MD) No.3950 of 2019 IN CMA(MD) No.317 of 2018 Date :10/06/2019 msa TK/PN/SAR-2/11.06.2019/2P/2C https://hcservices.ecourts.gov.in/hcservices/