Minor Sabarinathan v. S.V.Balasubramanian
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.7228 and 7229 of 2016 IN CMA(MD) No.SR4814 and 4815 of 2015 MINOR SABARINATHAN (MINOR PETITIONER REP BY HIS GUARDIAN AND FATHER P.KUPPUSAMY) ... PETITIONER/APPELLANT IN CMP(MD)7228/2016 IN CMA(MD)SR4814/2015 1 P.KUPPUSAMY 2 MINOR SABARINATHAN 3 MINOR K.SIVANESAN (MINORS PETITIONERS 2&3 REP.BY HIS GUARDIAN AND FATHER P.KUPPUSAMY) ... PETITIONER/APPELLANT IN CMP(MD)7229/2016 IN CMA(MD)SR4815/2015 Vs 1 S.V.BALASUBRAMANIAN 2 DIVISIONAL MANAGER THE ORIENTAL INSURANCE COMPANY LIMITED, 1ST FLOOR, GOPAL RAO LIBRARY BUILDING, TOWN HALL ROAD, KUMBAKONAM.
(1ST RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT) ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS PRAYER IN CMP(MD)7228/2016 IN CMA(MD)SR4814/2015 : 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 the above CMA.(MD).SR.No.4814/2015.
PRAYER IN CMA(MD)NO.SR.4814/2015 :
Memorandum of Civil Miscellaneous Appeal against the Judgment and Decree made in M.C.O.P.No.197 of 2012 on the file of the Motor Accident Claims Tribunal, (Sub Judge) Kulithalai, dated 07.03.2014.
Prayer in CMP(MD). 7229/ 2016 IN CMA(MD)NO.SR.4815/2015: 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 the above CMA.(MD).SR.No.4815/2015.
PRAYER IN CMA(MD)NO.SR.4815/2015 :
Memorandum of Civil Miscellaneous Appeal against the Judgment and Decree made in M.C.O.P.No.254 of 2012 on the file of the Motor Accident Claims Tribunal, (Sub Judge) Kulithalai, dated 07.03.2014.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S. T.SELVAKUMARAN, Advocate for the petitioner in both the petitions and the Respondents not appeared in person or by an Advocate in both the petitions the court made the following order:- This Petition is filed to condone the delay of 129 days in filing the above appeals.
2. Heard the learned Counsel appearing for the petitioners
3. Though notice was served on the respondents and their names are printed in the cause list, the respondents have not chosen to appear either in person or through counsel.
4. 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. The Registry is number the appeals if they are otherwise in order. sd/- 15/03/2017 / 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 :
1. THE OFFICER INCHARGE, THE ROJAVANAM HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/PM/PN/SAR-2-17.3.2017-3P-4C
ORDER
IN CMP(MD) No.7228 &7229 of 2016 IN CMA(MD) No.SR4814 & 4815 of 2015 Date :15/03/2017