The Branch Manager v. Suresh Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5748 of 2019 IN CMA(MD) No.SR900 of 2018 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD, 5A, P.L.A. KANAGU TOWERS, 1ST FLOOR, 11TH CROSS THILLAI NAGAR, TIRUCHY. ... PETITIONER/ APPELLANT Vs 1 SURESH KUMAR 2 ANILKUMAR 3 ELILARASI ... 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 522 days in representing the CMA.SR.No.900 of 2018 before this Honourable Court as against the award passed in MCOP No.224 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Court, Pudukottai. PRAYER IN CMA(MD) No.SR900 of 2018:

To set aside the Judgment and Decree dated 20.07.2017 passed in M.C.O.P.No.224 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Court, Dindigul, and allow the present Civil Miscellaneous Appeal.

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.K.GOKUL, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 522 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 subject to the payment of cost of Rs.2,000/- (Rupees two thousand only) to the Chief https://hcservices.ecourts.gov.in/hcservices/

Justice Relief Fund, attached to this Bench, within a period of one week from the date of receipt of 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/- 05/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PRINCIPAL DISTRICT COURT, DINDIGUL.

2 THE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PRINCIPAL DISTRICT COURT, PUDUKOTTAI.

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.5748 of 2019 IN CMA(MD) No.SR900 of 2018 Date :05/07/2019 JM/VR/SAR 1/18.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/