Madras High CourtCMP(MD)/4657/2024allowed on condition

The Branch Manager v. P.Saroja

2024-11-14Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI in CMA(MD) SR No.5341 of 2024 THE BRANCH MANAGER THE NEW INDIA INSURANCE CO LTD., BRANCH II, JUMAN CENTRE, NO.43A/2, PROMENADE ROAD, CANOTONMENT, TRICHY-1 ... Petitioner / Petitioner Vs 1 P.SAROJA 2 C.SANTHOSHKUMAR 3 MUKILA 4 THE REGIONAL MANAGER, M/S.SHRIRAM GENERAL INSURANCE CO.LTD., E-8 EPIP, RIICO, INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN 302 022.

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5 THE DIVISIONAL MANAGER, M/S.SHRIRAM GENERAL INSURANCE CO LTD., NO.C-135-A, MEENAKSHI TOWERS, 1ST FLOOR, 5TH CROSS STREET, THILLAI NAGAR, TRICHY ... Respondents / Respondents (Notice to Respondents 2 and 3 is dispensed with, as they were set ex-parte before the Tribunal, vide Court order dated 24.04.2024 made in CMP(MD) No.4657 of 2024 in CMA(MD) SR No.5341 of 2024) 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 91 days in filing the Civil Miscellaneous Appeal against the award dated 13.07.2023 passed by the MACT Special Subordinate Judge, Trichirapalli in MCOP.No.28 of 2020.

Prayer in CMA(MD) SR No.5341 of 2024:

To set aside the award dated 13.07.2023 file of the M.A.C.T. Special Subordinate Judge, Trichy in M.C.O.P.No.28 of 2020 and allow this civil miscellaneous appeal.

ORDER : This civil miscellaneous 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 M/S.R.RAMADURAI, Advocate for the petitioner, the Court made the following order:- This petition is filed to condone the delay of 91 days in filing the above appeal in C.M.A.(MD)SR.No.5341 of 2024.

2. Heard the learned counsel for the petitioner/appellant and the respondents 4 and 5. The learned counsel for the respondents 4 and 5 does not have serious objection in allowing this petition.

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3. Being satisfied the reasons stated in the affidavit filed in support of this petition, this petition is allowed on the condition to pay costs of Rs.500/- to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from to-day. Failing which, this petition shall stand dismissed without reference to this Court.

sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD To The Special Subordinate Judge, Motor Accident Claims Tribunal, Trichirappalli. Copy to:

The Officer Incharge, High Court Lega Services Committee, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CMA(MD) SR No.5341 of 2024 Date :14/11/2024 3/4

ED/ GSV /SAR- (19/11/2024) 4P / 3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4