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Madras High CourtCMP(MD)/6543/2020ordered

The Future General v. Rajapandiyammal

2021-02-08Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.6543 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6543 of 2020 in C.M.A(MD) SR.No.6272 of 2019 THE FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED, REP BY ITS BRANCH MANAGER, FIRST CROSS, THILLAI NAGAR, TRICHY TOWN, TRICHY DISTRICT.

... PETITIONER/ APPELLANT Vs 1 RAJAPANDIYAMMAL 2 ARUMUGAM 3 MANIKANDAN ... 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 451 days in representing the appeal papers in CMA.Sr.No.6272 of 2019 on the file of this Honourable Court. PRAYER IN C.M.A(MD) SR.No.6272 of 2019;

To set aside the fair and decreetal order dated 30.07.2018 made in MCOP No.309 of 2016 on the file of Motor Accidents Claims Tribunal(Chief Judicial Magistrate Court), Sivagangai, and allow this civil miscellaneous appeal.

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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and respondents are not appeared either in person or by an advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 451 days in representing the above Civil Miscellaneous Appeal.

2. Heard the learned Counsel appearing for the petitioner.

3. 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.2,500/- (Rupees Two Thousand and Five Hundred only) to the Legal Services Committee, attached to this Bench,within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6543 of 2020 period of two weeks 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. 4.This petition is accordingly ordered.

5. 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" forthwith.

sd/- 08/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, SIVAGANGAI.

COPY TO;

THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6543 of 2020 in C.M.A(MD) SR.No.6272 of 2019 Date :08/02/2021 PKN MS/VR/SAR-2/12.02.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2