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Madras High CourtCMP(MD)/2558/2020allowed

M/S.The New India Assurance Com.Ltd v. Chinnammal

2021-02-16Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2558 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2558 of 2020 in CMA(MD)SR.No.13097 of 2020 M/S.THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS DIVISIONAL MANAGER, NO.85/P, MARKET ROAD, 2nd FLOOR, KRA BUILDING, THANAJVUR-613 001.

... PETITIONER/APPELLANT Vs 1 CHINNAMMAL 2 SURESHKUMAR 3 DEVASAHAYAM ... 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 54 days in filing the above Civil Miscellaneous Appeal against the award passed in MCOP No.5821 of 2013 dated 02.08.2019 on the file of the Motor Accident Claims Tribunal, Special District Judge, Special District Court (MCOP), Tiruchirapalli.

PRAYER IN CMA(MD)SR.No.13097 of 2020:

To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Special District Judge, Special District Court(MCOP), Tiruchirappalli in MCOP No.5821 of 2013 dated 02nd day of August, 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 the petitioner not appeared either in person or by an Advocate and of Mr.N.SUDHAGAR NAGARAJ, Advocate on behalf of the Respondents 1 and 2, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 54 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.2558 of 2020 2.Considering the reasons stated in the affidavit filed in support of the petition, 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. Accordingly, this petition is ordered.

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/- 16/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2558 of 2020 in CMA(MD)SR.No.13097 of 2020 Date :16/02/2021 gns AE/PN/SAR-II (19/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2