M/S. National Insurance Co.Ltd v. Mhajnu Hoque Alies Mofidul
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2503 of 2018 IN CMA(MD) No.SR14500 of 2015 M/S. NATIONAL INSURANCE CO.LTD REP. BY ITS BRANCH MANAGER, JEROME BUILDING, 1ST FLOOR, FORT STATION ROAD, TRICHY 620 002. ... PETITIONER/APPELLANT Vs 1 MHAJNU HOQUE ALIES MOFIDUL HOQUE, S/O. JOYNAL HOQUE, RANGE PANIPART VILLAGE, SAPAT GRAM POST, DHUBRI DIST, ASSAM STATE 783 337.
2 MR.K. PRSANNA VENKATESAN S/O.KRISHNARAJ, NO.178/A, CHOLAN STREET, KAMARAJ NAGAR, AIRPORT, TRICHY 620 007 ... 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 437 days in re-presenting the appeal papers in CMA SR.No.14500 of 2015 on the file of this Honble Court and thus render justice.
PRAYER IN CMA(MD) No.SR14500 of 2015:
to set aside the fair and decreetal order dated 25.04.2014 and made in MCOP.No.1093 of 2013 on the file of the Motor Accident Claims (Special Subordinate Judge), Tiruchirappalli 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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 437 days in filing the above Civil Miscellaneous Appeal in CMA(MD)No.sr14500 of 2015, against the award passed in M.C.O.P.No.1093 of 2013. https://hcservices.ecourts.gov.in/hcservices/
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 Legal Aid Service Authority, attached to this Bench, within a period of one week 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.
3. This petition is accordingly ordered.
sd/- 13/04/2018 / 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, TIRUCHIRAPALLI Copy to:
THE AUTHORIZED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.2503 of 2018 IN CMA(MD) No.SR14500 of 2015 Date :13/04/2018 SMA/KAK-PN/SAR-2/17.04.2018:2P/3C https://hcservices.ecourts.gov.in/hcservices/