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Madras High CourtCMP(MD)/4313/2020allowed

The Divisional Manager v. A.Muthukumar

2020-09-14Honourable Mr Justice S.S. Sundar2 pages

CMP(MD) No.4313 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.4313 of 2020 in C.M.A.(MD)No.SR12470 of 2018 THE DIVISIONAL MANAGER NATIONAL INSURANCE CO.LTD, NO.3, NORTH VELI STREET, MADURAI-625 001.

... PETITIONER/ APPELLANT Vs 1 A.MUTHUKUMAR 2 S.IBRAMSHA ... RESPONDENTS/ RESPONDENTS 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 689 days in representation of the above said CMA.SR.No.12470 of 2018.

PRAYER IN C.M.A.(MD)No.SR12470 of 2018:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Madurai in M.C.O.P.No.631 of 2014 dated 16.11.2017.

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.R.RAJAMANI, Advocate for the petitioner and of Mr.A.ANBALAKAN, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition is filed to condone the delay of 689 days in representing the appeal papers. 2.Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the first respondent. 3.In the affidavit filed in support of the petition, the petitioner has given sufficient reasons for the delay. Considering the fact that the delay is 689 days, this Court is inclined to allow this petition on terms. Accordingly, this petition is allowed and the delay is condoned on condition that the petitioner pay a sum of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4313 of 2020 Rs.2000/- to the Legal Services Authority within a period of two weeks from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to Court.

4.Registry is directed to number the main case, if the papers are otherwise in order and upon showing the proof for payment. sd/- 14/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4313 of 2020 IN C.M.A.(MD)No.SR12470 of 2018 Date :14/09/2020 MS/PN/SAR-2/16.09.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2