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Madras High CourtCMP(MD)/2307/2016allowed

Manimegalai v. N.Bharathi

2016-10-24Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.2307 of 2016 IN CMA(MD) No.SR55173 of 2015 1 MANIMEGALAI 2 KAVI SAKKARAVARTHI 3 SARANYA 4 NIVETHA 5 ARASAMMAL ... PETITIONERS/APPELLANTS Vs 1 N.BHARATHI 2 THE UNITED INDIA INSURANCE COMPANY LIMITED, REP BY TIS THE BRANCH MANAGER, 42, MUTT STREET, I FLOOR, KUMBAKONAM, THANJAVUR DISTRICT.

3 T.ASAITHAMBI 4 THE UNITED INDIA ASSURANCE COMPANY LIMITED, REP BY ITS THE BRANCH MANAGER, 74-A, SALAI ROAD, TRICHY-18.

... RESPONDENTS/RESPONDENTS (CAUSE TITLE ACCEPTED VIDE COURT ORDER DATED 16.2.16 MADE IN CMP.649/16 IN CMA.SR.55173/15 BY VMVJ) 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 52 days in filing the CMA.(MD).SR.No.55173 of 2015 and thus render justice.

Prayer in CMA(MD) No.SR55173 of 2015:- Memorandum of Civil Miscellaneous Appeal against the fair and decreetal order passed by the Motor Accidents Claims Tribunal, Trichy in M.C.O.P.No.4430 of 2013 dated 20.04.2015. 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.N.SANKAR GANESH, Advocate for the petitioner https://hcservices.ecourts.gov.in/hcservices/

and of MR.MATHIYALAGAN, Advocate for R2 and the court made the following order:- This petition has been filed to condone the delay of 52 days in filing the above appeal.

2. Mr.Mathiyalagan, learned counsel takes notice for R2.

3. Considering the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to the Legal Services Authority attached to this Bench, on or before 02.11.2016, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 24/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY.

COPY TO: THE OFFICER IN CHARGE, LEGAL SERVICES AUTHORITY , MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

CSL/SKS-RR/SAR-I/26.10.2016: 2P/3C

ORDER

IN CMP(MD) No.2307 of 2016 IN CMA(MD) No.SR55173 of 2015 Date :24/10/2016 https://hcservices.ecourts.gov.in/hcservices/