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Madras High CourtCMP(MD)/3470/2018allowed

The Branch Manager v. Chindamani

2018-04-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3470 of 2018 IN CMA(MD) No.SR244 of 2016 THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., THANJAVUR. ... PETITIONER/APPELLANT Vs 1 CHINDAMANI 2 MEYYATHAL 3 SAKTHIVEL 4 MEENAL 5 SENTHILKUMAR 6 PANJAVARNAM 7 SHANMUGAM 8 SHANTHI 9 THE BRANCH MANAGER NATIONAL INSURANCE CO., LTD., I FLOOR, T.S. NO.4132, EAST MAIN ROAD, PUDUKKOTTAI. ... 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 733 days in re-presenting the appeal papers in CMA SR.No.244 of 2016 on the file of this Hon'ble Court and thus render justice.

PRAYER IN CMA(MD) No.SR244 of 2016:

Memorandum of Grounds of Civil Miscellaneous Appeal against the fair and decreetal order dated 27.08.2015 made in M.C.O.P.No.1 of 2012 on the file of Motor Accident Claims Tribunal, (Additional Sessions and Special Court), Pudukkottai.

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.K.R.SHIVA SHANKARI, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 733 days in representing the appeal papers in C.M.A.(MD)No.SR244 of 2016, against the award passed in M.C.O.P.No.1 of 2012. https://hcservices.ecourts.gov.in/hcservices/

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.1,500/- (Rupees One Thousand and Five Hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week 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.

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL SESSIONS AND SPECIAL JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI COPY TO : THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/CSL/RNB/24.4.18-2P-3C

ORDER

IN CMP(MD) No.3470 of 2018 IN CMA(MD) No.SR244 of 2016 Date :19/04/2018 https://hcservices.ecourts.gov.in/hcservices/