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Madras High CourtCMP(MD)/9259/2016ordered

The Regional Manager v. Marutha Muthu,

2018-09-06Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.9259 of 2016 IN CMA(MD) No.SR26849 of 2016 THE REGIONAL MANAGER UNITED INDIA INSURANCE CO; LTD. SOUTH VEETHI, THANJAVUR DISTRICT.

... PETITIONER/APPELLANT/2ND RESPONDENT Vs 1 MARUTHA MUTHU, ...1ST RESPONDENT/1ST RESPONDENT/PETITIONER 2 K.BHARAT MOORTHI, ... RESPONDENT/RESPONDENT/1ST 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 252 days in filing the appeal against M.C.O.P.No.786 of 2013 on the file of Motor Accident Claim Tribunal Special Sub Court Thanjavur dated 24.06.2015 PRAYER IN CMA(MD)No.SR26849 of 2016:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and decree dated 24.06.2015 passed in M.A.C.O.P No.786 of 2013 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Thanjavur, to allow this Appeal with cost and render justice.

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.A.SHAJAHAN, Advocate for the petitioner and for the respondent is not appeared either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 252 days in filing the above Civil Miscellaneous Appeal. 2.Though notice was served on the respondents 1 and 2 through paper publication and their names were also printed in the cause list, there is no representation on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.Heard the learned counsel appearing for the petitioner.

4.This petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road,Uthangudi,Ulaganeri,Madurai - 625 107, within a period of one week form today, failing which this petition shall stand dismissed automatically without any further reference to this Court.

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/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL / SPECIAL SUBORDINATE JUDGE, THANJAVUR.

COPY TO:- THE OFFICERS INCHARGE, THE ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD,UTHANGUDI,ULAGANERI MADURAI - 625107.

COPY TO:- THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.A.SHAJAHAN Advocate SR.No.17063

ORDER

IN CMP(MD) No.9259 of 2016 IN CMA(MD) No.SR26849 of 2016 Date :06/09/2018 MV:JC:SAR4:14/09/18/2P/5C https://hcservices.ecourts.gov.in/hcservices/