Madras High CourtCMP(MD)/3771/2018ordered

Saraspathie v. Andiyappan

2018-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3771 of 2018 IN CMA(MD) No.SR14967 of 2016 1 SARASPATHIE 2 KAMALAPATHY ... PETITIONERS/APPELLANTS Vs 1 ANDIYAPPAN 2 THE ORIENTAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, OFFICE AT 2ND FLOOR, NO.107 NAVALADIAN COMPLEX, THANTHINDRIMALAI. ... 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 726 days in representing the above Civil Miscellaneous Appeal and thus render justice. PRAYER IN CMA(MD) No.SR14967 of 2016:

Memorandum of Civil Miscellaneous Appeal against the Judgment and Decree made in M.C.O.P.No.659 of 2014 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli, dated 16.03.2015.

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.T.SELVAKUMARAN, Advocate for the petitioner the court made the following order:- This Petition has been filed to condone the delay of 726 days in re-presenting the above Civil Miscellaneous Appeal in CMA(MD)No.SR14967 of 2016.

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.1000/- (Rupees One Thousand Only) to "Legal Aid Infrastructure Funds", Legal Aid Service Authority, attached to this Bench, within a period of one week from the https://hcservices.ecourts.gov.in/hcservices/

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. Registry is directed to number the appeal, if the papers are otherwise in order, after showing the proof of deposit and post the appeal on 04.06.2018, along with CMA(MD)No.55 of 2016. sd/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI COPY TO :1. THE AUTHOIRSED OFFICER, LEGAL AID INFRASTRUCTURE FUNDS, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, A.E. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/RR/RNB/25.4.18-2P-4C

ORDER

IN CMP(MD) No.3771 of 2018 IN CMA(MD) No.SR14967 of 2016 Date :20/04/2018 https://hcservices.ecourts.gov.in/hcservices/