The National Insurance Co.Ltd., v. Subramanian
CMP(MD) No.759 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.759 of 2021 IN C.M.A(MD) SR.No.47918 of 2020 THE NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, DOOR. NO. 3, NORTH VELI STREET, MADURAI TOWN, MADURAI DISTRICT. ... PETITIONER/APPELLANT Vs 1 SUBRAMANIAN 2 DHANAPAL ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 451 days in filing this appeal in CMA(MD). SR.No.47918 of 2020.
PRAYER IN C.M.A(MD) SR.No.47918 of 2020:
To allow this appeal and set aside the judgment and decree dated 29.04.2019 made in M.C.O.P.No.06/2017 on the file of the Motor Accident Claims Tribunal, Sub-Court, Paramakudi. ORDER : This petition coming up for orders on this day, 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 and of MR.D.SENTHIL, Advocate 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 451 days in filing the above Civil Miscellaneous Appeal.
2.Though the learned counsel for the respondent has raised his objection in ordering this petition, 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.2,500/- (Rupees Two Thousand Five Hundred only) to the Legal Services Committee, attached to this Bench,within a period of two weeks from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.759 of 2021 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/- 04/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAMAKUDI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.759 of 2021 IN CMA(MD) SR.No.47918 of 2020 Date :04/02/2021 PKN JM/VR/SAR I/09.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2