Jeyakantham v. Ramesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD)SR.No.9766 of 2024 1 JEYAKANTHAM 2 PICHAI, ... PETITIONERS/APPELLANTS Vs 1 RAMESH 2 THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., 74A,SALAI ROAD, TIRCHY-18 3 SENTHIL KUMAR, 4 CHOLAMANDALAM GENERAL INSURANCE CO LTD., HEAD OFFICE, DARE HOUSE, SECOND FLOOR, N.S.C.BOSE ROAD, CHENNAI-600 001 ... RESPONDENTS/RESPONDENTS Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to 1/4

condone the delay of 209 days in filing the present civil miscellaneous appeal against the order dated 10-03-2023 made in M.C.O.P.No.1789 of 2014 on the file of the Motor Vehicle Accidents Claims Tribunal / Special District Judge, Tiruchirappalli.

PRAYER in CMA(MD)SR.No.9766 of 2024:

To set aside the order dated 10.03.2023 made in M.C.O.P.No.1789 of 2014 on the file of the Motor Vehicle Accident Claims Tribunal/Special District Judge, Tiruchirappalli and allow this appeal.

ORDER : This Civil Miscellaneous 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.ABIRAM VIKASH, Advocate for the petitioner and of MR.M.JEYAKUMAR, Advocate on behalf of the 2nd Respondent and Mr.N.SHYLAPPA KALYAN, Advocate for the 4th respondent and none appeared either in person or through by an advocate on behalf of the respondents 1 & 3, the Court made the following order:- This petition is filed to condone the delay of 209 days in filing the above appeal.

2. Heard the learned counsel for the petitioner/appellant and the respondents 2 & 4. The learned counsel for the respondents 2 & 4 have no serious objection in allowing this petition.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to pay costs of Rs.1000/- (Rupees Thousand only) to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 (payable in S.B.A/c.No.149710011000002, Andra Bank, 2/4

Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497), within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall stand automatically dismissed without further reference to this Court.

sd/- 04/12/2024 / TRUE COPY / 05/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO THE SPECIAL DISTRICT JUDGE, MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI.

COPY TO:

THE OFFICER INCHARGE, CANCER INSTITUTE(WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI - 20.

+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-14918[I] dated 04/12/2024 ) 3/4

ORDER

IN in CMA(MD)SR.No.9766 of 2024 Date :04/12/2024 SS/SAR- /05/12/2024/ 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4