Branch Manager v. Lakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.7974 of 2017 IN CMA(MD) No.SR37000 of 2016 BRANCH MANAGER I.C.I.C.I.LOMBARD GENERAL INSURANCE COMPANY LTD., KUMBAKONAM, THANJAVUR DISTRICT.

... PETITIONER/APPELLANT Vs 1 LAKSHMI 2 KRISHNAMOORTHY 3 M.A.KUMARAN 4 M. HAROON BATCHA 5 M/S.UNITED INDIA INSURANCE COMPANY LIMITED, MADURAI.

... 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 495 days in filing the above Civil Miscellaneous Appeal against the Judgment and Decree passed in M.C.O.P.No.5 of 2013 dated 26/11/2014 on the file of the chief Judicial Magistrate Cum Motor Accident Claims Tribunal, Thanjavur At Kumbakonam, pending disposal of the above appeal. Prayer in CMA(MD) No.SR37000 of 2016:

To set aside the judgment and decree dated 26.11.2014 in M.C.O.P.No.5 of 2013 on the file of Chief Judicial Magistrate cum Motor Accident Claims Tribunal, Thanjavur @ Kumbakonam. 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.K.RAMAKRISHNAN, Advocate for the petitioner and of Mr.I.SUTHAKARAN for R5 and the R1 to R4 not appeared either in person or by an Advocate and this court made the following order:- This petition is filed to condone the delay of 495 days in filing the above Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel appearing for the petitioner.

3.Despite service and their names are printed in the cause list there is no representation for the respondents 1 to 4. 4.The learned counsel for the fifth respondent would submit that the inordinate delay in filing the appeal was not properly explained by the petitioner.

5.Satisfied with the reasons stated in the supporting affidavit filed for condonation, delay of 495 days is condoned and the petition is ordered on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the Mediation and Conciliation Centre attached to this Bench, within one week from today, failing which, this petition shall stand dismissed automatically, without further reference to this Court.

sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, CUM MOTOR ACCIDENT CLAIMS TRIBUNAL THANJAVUR @ KUMBAKONAM Copy to:

THE COORDINATOR, MEDIATION ANC CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.7974 of 2017 IN CMA(MD) No.SR37000 of 2016 Date :12/10/2017 am SH/PM-PN/SAR-1:23.10.2017: 2P/3C https://hcservices.ecourts.gov.in/hcservices/