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Madras High CourtCMP(MD)/5566/2019ordered

National Insurance Co.Ltd., v. Selvi, W/O.Late.Sekar,

2019-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5566 of 2019 IN CMA(MD) No.SR18683 of 2018 NATIONAL INSURANCE COMPANY LIMITED, REP.BY ITS BRANCH MANAGER, HAVING OFFICE AT D.NO.5-A, OPPOSITE TO COURT CAMPUS, SUB-COLLECTOR OFFICE ROAD, DINDIGUL TOWN.

... PETITIONER/APPELLANT Vs 1 SELVI, 2 MURUGAN, ... 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 402 days in representing this C.M.A.(MD) SR.18683 of 2018 and order to take the Appeal into file and pass such further or other order as this Honourable Court. PRAYER IN CMA(MD) No.SR18683 of 2018:

To allow this appeal and set aside the Judgment and Decree dated 27.11.2017 passed in M.C.O.P.No.383 of 2015 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dindigul. 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.A.S.MATHIALAGAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 402 days in representing the above Civil Miscellaneous Appeal.

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 on condition that the petitioner is directed to pay a sum of Rs.2,000/- (Rupees two thousand only) to the Legal Aid Service Authority, attached to this https://hcservices.ecourts.gov.in/hcservices/

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.

4. 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/- 28/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.

COPY TO:- 1 THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, 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.5566 of 2019 IN CMA(MD) No.SR18683 of 2018 Date :28/06/2019 msa AE/JC/SAR-III (04.07.2019) 4P 4c https://hcservices.ecourts.gov.in/hcservices/