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Madras High CourtCMP(MD)/2001/2021ordered

Swamynathan v. Suresh Thurai Kumar

2021-03-05Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2001 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2001 of 2021 in CMA(MD)SR.No.10289 of 2021 1 SWAMYNATHAN 2 LATHA 3 MINOR.UTHRA (MINOR APPELLANT THROUGH HER FATHER AND NEXT GUARDIAN 1ST APPELLANT) ...APPELLANTS/PETITIONERS Vs 1.SURESH THURAI KUMAR 2.UNITED INDIA INSURANCE COMPANY LTD, THROUGH ITS BRANCH MANAGER, OFFICE NUMBER 19/1, FIRST FLOOR, KALPANA COMPLEX, CANTONMENT, BIRDS ROAD, TRICHY. ... 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 35 days in filing the above Civil Miscellaneous Appeal in CMA(MD) SR No. 10289 of 2021 and thus render justice.

PRAYER IN CMA(MD)SR.No.10289 of 2021:

Pleased to allow this appeal, enhance the award amount in M.C.O.P.No.68 of 2016 on the file of the Motor Accident Claims Tribunal(Principal Subordinate Judge), Tirunelveli dated 01.08.2019. 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.T.SELVAKUMARAN, Advocate for the petitioners, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 35 days in representing the above Civil Miscellaneous Appeal.

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CMP(MD) No.2001 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.500/- (Rupees Five Hundred 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. This petition is ordered, accordingly.

3.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/- 05/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAMIS TRIBUNAL, TIRUNELVELI.

COPY TO:

THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2001 of 2021 in CMA(MD)SR.No.10289 of 2021 Date :05/03/2021 GNS TK/JC/SAR.1/17.03.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2