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Madras High CourtCMP(MD)/6987/2020ordered

Cholamandalam General Insurance Company Ltd., v. Sameena Beevi,

2021-02-08Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.6987 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday,the Thirty First day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6987 of 2020 in CMA(MD)SR.No.89167 of 2019 CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, DOOR NOS.3 AND 4, DINDIGUL HIGH ROAD, NEW MILLENNIUM COMPLEX, KALAVASAL, MADURAI. ... PETITIONER/APPELLANT Vs 1 SAMEENA BEEVI 2 MINOR SADHIK ALI 3 MINOR SIDDHIK AHAMED (MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE 1st RESPONDENT HEREIN) 4 RABBANA BEEVI 5 ABDUL KHADAR ... RESPONDENTS/RESPONDENTS 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 203 days in filing the above appeal against the Judgment and Decree dated 17.12.2018 made in MCOP No.84 of 2014 on the file of Motor Accident Claims Tribunal / Sub-Judge, Devakottai.

PRAYER IN CRP(MD)SR.No.89167 of 2019:

To set-aside the Judgment and Decree dated 17.12.2018 passed in M.C.O.P.No.84 of 2014 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Devakottai, and allow the present 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.K.R.SHIVASHANKARI, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6987 of 2020 The matter has been listed today under the caption 'for clarification'.

2.The present petition has been filed to condone the delay of 203 days in filing the above appeal and this Court by order dated 08.02.2021, has condoned the delay on payment of cost of Rs.1,500/- to the Legal Services Committee within two weeks. 3.Today, the learned counsel for the petitioner would state that instead of paying the cost of Rs.1,500/- to the Legal Services Committee, inadvertently, she has paid Rs.1,000/- and therefore, the cost memo was returned for insufficient payment of cost. She would further state now the balance cost amount of Rs.500/- has been paid and the cost memo has been again filed into the Registry along with the receipt for Rs.500/-. Thus, she would pray to number the appeal.

4.In view of the above submission, the delayed payment of cost is accepted and Registry is directed to number the appeal, if the papers are otherwise in order and list the same for admission. sd/- 31/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.

ORDER

IN CMP(MD) No.6987 of 2020 in CMA(MD)SR.No.89167 of 2019 Date :31/03/2021 bala JM/PN/SAR IV/20.04.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2