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Madras High CourtCMP(MD)/1067/2021ordered

T.Shibu v. Pradheep

2021-02-10Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.1067 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1067 of 2021 in C.M.A(MD)SR.No.73546 of 2019 T.SHIBU ... PETITIONER/ APPELLANT/ 2nd RESPONDENT Vs 1 PRADHEEP ... RESPONDENT NO.1/ 1st RESPONDENT/ PETITIONER 2 R.REJIN 3 THE UNITED INDIA INSURANCE COMPANY LIMITED, MARTHANDAM, REPRESENTED BY ITS BRANCH MANAGER, DIVISIONAL OFFICE, 2/60/1,P.P.K.BUILDING, THIRUVANANTHAPURAM MAIN ROAD, MARTHANDAM, MARTHANDAM POST, KANYAKUMARI DISTRICT.

... RESPONDENTS NO.2 & 3/ 2nd & 3rd RESPONDENT/ 1st & 3rd RESPONDENT 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 456 days in representing the return papers in the above Civil Miscellaneous Appeal.

PRAYER IN C.M.A(MD)SR.No.73546 of 2019:

To set aside the order and decree dated 10.07.2019 in M.C.O.P.No.41 of 2018 on the file of Motor Accidents Claims Tribunal Judge cum-Chief Judicial Magistrate Court, Nagercoil allow the Civil Miscellaneous Appeal.

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.H.THAYUMANASWAMY, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 456 days in representing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1067 of 2021

2. 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.2,000/- (Rupees Two Thousand only), to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of 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/- 10/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, NAGERCOIL.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1067 of 2021 in C.M.A(MD)SR.No.73546 of 2019 Date :10/02/2021 vrn MS/PN/SAR-4/15.02.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2