Madras High CourtCMP(MD)/3683/2018ordered

S. Saravanakumar v. Ramesh Babu

2018-07-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3683 of 2018 IN CMA(MD) No.1231 of 2013 S. SARAVANAKUMAR ... PETITIONER / APPELLANT Vs 1 RAMESH BABU 2 M/S. NATIONAL INSURANCE CO.LTD., 3, NORTH VELI STREET, MADURAI. ... 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 264 days in filing the above C.M.A.(MD). No.1231 of 2013 and thus render justice.

PRAYER IN CMA(MD) No.1231 of 2013:- to allow this appeal and enhanced the award amount and the medical bills submitted, marked as exhibit P6 in MCOP No.216 of 2008 on the file of Motor Accident Claims Tribunal Additional District Judge, Fast Track No.III, Madurai dated 22.07.2011. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.SAMUEL JAMES DEVASAGAYAM, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 264 days in filing the restoration petition in civil miscellaneous appeal in C.M.A.(MD)No.1231 of 2013, which was dismissed for non-prosecution on 15.06.2017.

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.1,000/- (Rupees One Thousand only) to the Chief Justice Relief Fund, 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.

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3. This petition is accordingly ordered.

sd/- 06/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE/ (FAST TRACK COURT NO.III) MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RM JAM/11/07/2018/ JC/ASVM /2P-3C

ORDER

IN CMP(MD) No.3683 of 2018 IN CMA(MD) No.1231 of 2013 Date :06/07/2018 https://hcservices.ecourts.gov.in/hcservices/