Madras High CourtCMP(MD)/3339/2017ordered

Cholamandalam Ms General Ins. v. Muthan

2018-07-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3339 of 2017 IN CMA(MD) No.1178 of 2008 CHOLAMANDALAM MS GENERAL INS.CO.LTD., REP. BY ITS MANAGER, II FLOOR, ALANKAR BUILDING, 551, D.B.ROAD, R.S.PURAM, COIMBATORE. ... PETITIONER/APPELLANT Vs 1 MUTHAN 2 J.RAMDHOSS ... RESPONDENT/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order service of notice on the 2nd respondent in CMA No.1178 of 2008 by means of substituted service and by publication of notice to the 2nd respondent in the Tamil newspaper Malai Murasu Coimbatore Edition, and also to pass such further or other orders as this Honourable Court PRAYER IN CMA(MD) No.1178 of 2008 To set aside the fair decreetal order dated 22.04.2008 and made in MCOP No. 122 of 2005 on the file of Motor Accident Claims Tribunal (Sub Court), Kulithalai.

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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and of MR.A.N.RAMANATHAN, Advocate on behalf of the First Respondent, the court made the following order:- This petition has been filed by the petitioner / Insurance Company seeking permission of this Court to order service of notice on the 2nd respondent in C.M.A.(MD).No.1178 of 2008 by means of substituted service.

2. Considering the reasons stated in the affidavit filed in support of the petition, the petitioner / Insurance Company is permitted to serve notice to the 2nd respondent through substituted https://hcservices.ecourts.gov.in/hcservices/

service by effecting paper publication in any one of the Tamil Daily newspapers which is having wide circulation in the locality, by duly indicating the date of next hearing as 16.08.2018. 3.The said exercise shall be completed on or before 09.08.2018 and the proof of paper publication should be filed before the Registry.

4. This petition is accordingly ordered.

5. The Registry is directed to post the appeal for hearing on 16.08.2018.

sd/- 26/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SUBORDINATE JUDGE, KULITHALAI COPY TO :

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3339 of 2017 IN CMA(MD) No.1178 of 2008 Date :26/07/2018 PK/JC/SAR-1/27.07.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/