The Branch Manager v. T.Subbiah Pandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in C.M.A(MD)SR.No. 38504 of 2022 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD., TIRUNELVELI JUNCTION.

... PETITIONER/APPELLANT Vs 1 T.SUBBIAH PANDIAN 2 RAMAKRISHNAN 3 P.SELVI ... RESPONDENTS/RESPONDENTS (R2 AND R3 SET EXPARTE IN TRIBUNAL : NOTICE DISPENSED WITH) Civil Miscellaneous 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 588 days in re-presenting the CMA(MD) SR.No. 38504 of 2022. PRAYER IN C.M.A(MD)SR.No. 38504 of 2022:

Pleased to set aside the Judgment and Decree in MCOP.No.280 of 2018 dated 05.03.2022 on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Court, Tenkasi and allow the appeal with costs. ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.S.MURALI, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 588 days in representing the Appeal before this Court.

2. Heard. Perused the materials available on record.

3. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioner shall pay the cost of Rs.1,000/-(Rupees Thousand only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 27/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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KSA TO THE ADDITIONAL SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TENKASI.

COPY TO:

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

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in C.M.A(MD)SR.No. 38504 of 2022 Date :27/03/2024 SA/VR/SAR. /03.04.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3