Through Its Branch Manager v. Kaliammal
CMP(MD) No.1654 of 2020 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.1654 of 2020 in C.M.A(MD) SR.No.7955 of 2020 THROUGH ITS BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., SRI VIJAY COMPLEX, 2nd FLOOR, DOOR No.555/1, GH ROAD, THENI TOWN, THENI DISTRICT. ... PETITIONER/APPELLANT Vs 1 KALIAMMAL 2 BALAMURUGAN 3 MANIKANDAN 4 M.SARAVANAN 5 M.ALAGARSAMY 6 M.KANAGARAJ ... 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 209 days in preferring the above Civil Miscellaneous Appeal aganist the order dated 27.02.2019 madeby the Motor Accident Claims Tribunal cum Additional District and sessions Judge, Theni at Periyakulam MCOP. No.88/2016. PRAYER IN C.M.A(MD) SR.No.7955 of 2020:
To set aside the order of the Motor Accident Claims Tribunal cum Additional District and Sessions Judge, Theni at Periyakulam made in M.C.O.P.No.88 of 2016 dated 27/02/2019 and allow the appeal with costs.
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.E.CHANDRASEKARAN, Advocate for the petitioner and of the Respondents 1,3 and 4 not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 209 days in filing the above Civil Miscellaneous Appeal.
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CMP(MD) No.1654 of 2020
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.1,000/- (Rupees One Thousand only) to the Legal Services Committee, 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI AT PERIYAKULAM.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.1654 of 2020 in C.M.A(MD) SR.No.7955 of 2020 Date :10/02/2021 PKN AE/JC/SAR-IV (15/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2