Madras High CourtCMP(MD)/7296/2016allowed

Mrs.Parkath v. Mohammed Rafi,

2016-10-19Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.7296 of 2016 IN CMA(MD) No.SR28389 of 2016 1 MRS.PARKATH 2 MINOR B.RABIYATHULLAITHUL [REP.BY HER MOTHER AND NEXT FRIEND MRS.PRAKATH, 1ST APPELLANT] 3 MAHABOOBBEE ..PETITIONERS/APPELLANTS Vs.

1 MOHAMMED RAFI, 2 M/S.UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS BRANCH MANAGER, OFFICE AT 74-A, SALAI ROAD, TRICHY.

..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 60 days in filing the above Civil Miscellaneous Appeal against the judgment and decree in M.C.O.P.No.2031 of 2012 on the file of the Motor Accident Claims Tribunal/II Additional District Judge, Trichy dated 6.11.2015. 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.SUDHAGAR NAGARAJ, Advocate for the petitioner and of Mr.C.JAWAHAR RAVINDARAN, Advocate for R2, the court made the following order:- This petition has been filed to condone the delay of 60 days in filing the above appeal.

2. Based on the endorsement made by the learned counsel appearing for the petitioner, this petition is dismissed against first respondent. Mr.C.Jawahar Ravindaran, learned counsel takes notice for 2nd respondent.

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 24.10.2016, failing which this petition shall stand dismissed automatically without any further reference to this court. https://hcservices.ecourts.gov.in/hcservices/

5. 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/- 19/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE MOTOR ACCIDENT CLAIMS TRIBUNAL, II ADDITIONAL DISTRICT JUDGE, TRICHY.

2 THE AUTHORITY OFFICER, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.7296 of 2016 IN CMA(MD) No.SR28389 of 2016 Date :19/10/2016 PBK/SK-SKN/SAR-I 21/10/2016 ::2P-3C:

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