Minor V.Vignesh Mani v. P.S.Kesava Manohar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2528 of 2018 IN CMA(MD) No.SR20021 of 2017 MINOR V.VIGNESH MANI (MINOR PETITIONER REP. BY HIS FATHER (NEXT FRIEND MR.MURUGESHAN S/O.MANI) ... PETITIONER/APPELLANT Vs 1 P.S.KESAVA MANOHAR, 2 DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD., WEST VELI STREET, BHANQUE THARMASALA (3RD FLOOR) OPP. RAILWAY JUNCTION MADURAI-1 ...RESPONDENTS/RESPONDENTS (1ST RESPONDENT SET EX-PARTE BEFORE TRIBUNAL, HENCE HE MAY BE DISPENSED WITH) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone to the delay of 427 days in filing the appeal and thus render justice.
PRAYER IN CMA(MD) No.SR20021 of 2017:
to allow the appeal and modify the award passed in M.C.O.P.No.738 of 2009 on the file of the Motor Accident Claims Tribunal (District and Sessions Judge), Communal Clash Cases Court, Madurai dated 22.02.2016 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.R.SENTHIL KUMAR, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 427 days in filing the above civil miscellaneous appeal in C.M.A.(MD) No.SR20021 of 2017.
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2. When the matter came up for hearing today, the learned Counsel appearing for the petitioner/appellant would submit that the petitioner/appellant will not claim interest for the delayed period in the event of enhancement by this Court.
3. In view of the said submission and also considering the reasons stated in the affidavit filed in support of the petition as well as considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", 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.
4. This petition is accordingly ordered.
sd/- 12/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COMMUNAL CLASH CASES COURT, MADURAI Copy to:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.2528 of 2018 IN CMA(MD) No.SR20021 of 2017 Date :12/07/2018 SMA/RR/ASVM/18.07.2018:2P/3c https://hcservices.ecourts.gov.in/hcservices/