The New India Assurance Company Limited, v. Pauldurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR.No.35091 of 2023 THE NEW INDIA ASSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, MADURAI ... PETITIONER/APPELLANT Vs 1 PAULDURAI 2 MALLIKA 3 MADASAMY ... RESPONDENTS/RESPONDENTS 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 198 days in filing the above Civil Miscellaneous Appeal against the award passed in MCOP No.1942 of 2018 dated 13.06.2022 on the file of the Motor Accident Claims Tribunal, IV Additional District Judge, Tirunelveli. Prayer in CMA(MD) SR.No.35091 of 2023 :
To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Sub Court, Uthamapalayam in MCOP No.1942 of 2018 dated 13th day of June, 2022.
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.D.SIVA RAMAN, Advocate for the petitioner and of MR.M.S.JEYAKARTHIK, Advocate on behalf of the 3rd Respondent and none appeared either in person or by an advocate on behalf of the Respondent Nos.1 & 2, the court made the following order:- 1/3
This petition is filed to condone the delay of 198 days in filing the above appeal in C.M.A.(MD)SR.No.35091 of 2023.
2.Though notice sent to the respondents 1 and 2 has been served, none has entered appearance.
3.Heard the learned counsel for the petitioner/appellant and the third respondent.
4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 198 days in filing the above appeal in C.M.A.(MD)SR.No.35091 of 2023 is condoned on the payment of cost of Rs.500/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai), within a period of two weeks from the date of receipt of a copy of this order. 5.Registry is directed to number this appeal, if it is otherwise, in order and list the appeal for admission.
sd/- 12/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO THE SUBORDINATE JUDGE / MOTOR ACCIDENT CLAIMS TRIBUNAL, UTHAMAPALAYAM.
COPY TO 1 THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CMA(MD) SR.No.35091 of 2023 Date :12/09/2024 RS/SG/SAR-(20.09.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3