The Branch Manager, v. Gandhimathi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.3782 of 2018 IN CMA(MD) No.SR21401 of 2014 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., D.NO.55, MEENAKSHI PLAZA 1ST FLOOR, 80 FEET ROAD, ANNA NAGAR, MADURAI. PETITIONER / APPELLANT Vs 1 GANDHIMATHI 2 MINOR.SANGEETHA, S/O.PETHANASAMY 3 MINOR.DEEPALAXMI D/O.PETHANA SAMY (MINOR RESPONDENTS ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN 1st RESPONDENT) ... 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 1427 days in representing this appeal in CMA (MD)SR.No.
21401 of 2014 and thus render justice. PRAYER IN CMA(MD) No.SR21401 of 2014:- to set aside the decree and judgment of Motor Accidents Claims Tribunal - Subordinate Judge of Aruppukkottai dated 12.04.2012 in M.C.O.P.No.95 of 2009 and allow the appeal and pass such other further orders as this Hon'ble Court.
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.G.MARUTHIAH, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This application is filed seeking to condone the delay of 1427 days in representing the appeal papers.
https://hcservices.ecourts.gov.in/hcservices/ 2.Apart from the affidavit filed by the petitioner/appellant,
the counsel on record has also filed an affidavit, dated 25.04.2018, explaining the delay. It is stated that the counsel shifted his office from one place to another in the year 2014 and during such transit, the returned papers got mixed up with the disposed of bundles, which, according to the petitioner/appellant, was traced only recently.
3.Though the learned counsel appearing for the appellant has also filed an affidavit indicating the above said fact, considering the fact that the delay is enormous, we propose to allow the application, however, subject to the following condition. 4.Accordingly, this petition is allowed on condition that the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand Only) as costs, to the Mediation and Conciliation Centre, attached to this Bench, within a period of one week from today, failing which, this petition shall stand automatically dismissed. sd/- 26/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, ARUPPUKKOTTAI COPY TO:- THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI RJ2 JAM/08/05/2018/ PMI/VK/ 2P-3C
ORDER
IN CMP(MD) No.3782 of 2018 IN CMA(MD) No.SR21401 of 2014 Date :26/04/2018 https://hcservices.ecourts.gov.in/hcservices/