Madras High CourtCMP(MD)/2961/2021ordered

The Branch Manager, v. Ganesapathi

2021-03-25Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2961 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2961 of 2021 in CMA(MD)SR.No.15996 of 2021 1 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, II FLOOR, XAVIER BUILDING, ASSISI CAMPUS, P.W.D.OFFICE ROAD, NAGERCOIL, NAGERCOIL AND VILLAGE, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT.

2 THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, 6-1, DOOR NO.48-A-9, LEELA BALAN COMPLEX, 1st FLOOR, VIVEKANATHAPURAM, KANYAKUMARI - 629 702, KANYAKUMARI VILLAGE, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT. ... PETITIONERS/APPELLANTS Vs 1 GANESAPATHI 2 RAJASEKHAR ... 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 56 days in filing the appeal against the Judgment and Decree dated 27.02.2019 passed in M.C.O.P.No.44 of 2016 on the file of Motor Accidents Claims Tribunal and I Additional SubCourt, Nagercoil. PRAYER IN CMA(MD)SR.No.15996 of 2021:

To set aside the Judgment and Decree dated 27.02.2019 passed in M.C.O.P.No.44 of 2016 on the file of Motor Accidents Claims Tribunal and I Additional Sub-Court, Nagercoil.

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.I.SUTHAKARAN, Advocate for the petitioners and of Mr.G.ARAVINTHAN, Advocate for the Respondents, the Court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 56 days in filing the above Civil Miscellaneous Appeal.

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CMP(MD) No.2961 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 copy of this order, failing which the petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. 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".

sd/- 25/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO THE 1 ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL.

COPY TO:

1. THE AUTHORISHED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(SOFT COPY) ORDER IN CMP(MD) No.2961 of 2021 in CMA(MD)SR.No.15996 of 2021 Date :25/03/2021 msa AE/SMA/ (30/03/2021) 2P / 3C+1C https://hcservices.ecourts.gov.in/hcservices/ 2/2