Madras High CourtCMP(MD)/11932/2018ordered

The Divisional Manager, v. V.Saravanan,

2019-01-02Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.11932 and 11933 of 2018 IN CMA(MD) Nos.SR22110 and SR22111 of 2018 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, PALGHAT, SHOBA TSM COMPLEX, R.S.ROAD, (OPP TOWN RAILWAY STATION), PALGHAT, KERALA STATE ... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 V.SARAVANAN 2 M/S.ARUN POLYMERS, SHED NO.132 AND 147, SIDCO INDUSTRIAL ESTATE, KAPPALUR, MADURAI 625 008.

(Respondent No. 2 given up) ... RESPONDENTS/RESPONDENTS IN CMP(MD) No. 11932 of 2018 1 V.VENKATESAN 2 2 M/S.ARUN POLYMERS, SHED NO.132 AND 147, SIDCO INDUSTRIAL ESTATE, KAPPALUR, MADURAI 625 008.

(Respondent No. 2 given up) ... RESPONDENTS/RESPONDENTS IN CMP(MD) No. 11933 of 2018 PRAYER IN CMP(MD) No. 11932 of 2018 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 130 days in representation of the above said C.M.A.SR.No.22110 of 2018 and thus render justice.

PRAYER IN CMA(MD) SR.No.22110 of 2018 To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Special District Judge, Thiruchirapalli made in M.C.O.P No. 850 of 2013 dated 20.03.2018 and allow the appeal with costs and render justice.

PRAYER IN CMP(MD) No. 11933 of 2018 To condone the delay of 130 days in representation of the above said C.M.A.SR.No.22111 of 2018 and thus render justice. PRAYER IN CMA(MD) SR.No.22111 of 2018 To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Special District Judge, Thiruchirapalli made in M.C.O.P No. 851 of 2013 dated 20.03.2018 and allow the appeal with costs and render justice.

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.JAWAHAR RAVINDRAN, Advocate for the petitioner in both the petitions, the court made the following order:- These petitions have been filed to condone the delay of 130 days in re-presenting the above Civil Miscellaneous Appeals in C.M.A.(MD)No.SR22110 & SR22111.

2. Having satisfied with 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.500/- (Rupees Five Hundred only) each, to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a copy of this order, failing which, these petitions shall stand dismissed automatically, without any further reference to this Court.

3. These petitions are accordingly ordered.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM SPECIAL DISTRICT JUDGE, THIRUCHIRAPALLI

COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER IN CMP(MD) Nos.11932 and 11933 of 2018 IN CMA(MD)Nos.SR22110 &SR22111 of 2018 Date :02/01/2019 MSI/JC/SAR-IV/09.01.2019-3P/3C