Iyyappan v. Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.4329 of 2016 IN CMA(MD) No.SR47831 of 2014 IYYAPPAN ... PETITIONER Vs 1 RAMASAMY 2 THE BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD., D.NO.82, NEW DHARAPURAM ROAD, PALANI TALUK, DINDIGUL DIST. ... RESPONDENT 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 129 days in filing this appeal against the order passed in MACOP.no.291/2009 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Dindigul dated 01.03.2014.

PRAYER IN CMA(MD) No.SR47831 of 2014:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to prefer the Memorandum of Civil Miscellaneous Appeal against the Order passed in M.A.C.O.P No.291 of 2009 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate).Dindigul dated 01.03.2014 in so far as the objectionable portion is conderned on the following among other.

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. C.K.M.APPAJI, Advocate for the petitioner and of S.Natesan for R2 on behalf of the Respondents the court made the following order:- This petition is filed to condone the delay of 129 days in filing the above appeal.

2.Heard the learned counsel appearing for the petitioner and the learned Counsel for R2.

https://hcservices.ecourts.gov.in/hcservices/ 3.Though notice was served on the respondent No.1 and his name

is printed in the cause list, the respondent No.1 has not chosen to appear either in person or through counsel.

3.Being satisfied with the reasons stated in the supporting affidavit filed for condonation, delay of 129 days is condoned and the petition is ordered on payment of Cost of Rs.500/-(Rupees Five Hundred only) to the Rojavanam Homeless&Aged Care Centre,Melur Road, Uthangudi, Madurai, 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 further reference to this Court.

sd/- 15/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (CHIEF JUDICIAL MAGISTRATE),DINDIGUL.

2 THE ROJAVANAM HOMELESS&AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI

ORDER

IN CMP(MD) No.4329 of 2016 IN CMA(MD) No.SR47831 of 2014 Date :15/03/2017 KK-BS-SAR3-20.03.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/