United India Insurance Company, v. Swamynathan
CMP(MD) No.6202 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6202 of 2020 in CMA(MD)SR.No.14355 of 2020 UNITED INDIA INSURANCE COMPANY, THROUGH ITS BRANCH MANAGER OFFICE, NO.19/1 FIRST FLOOR, KALPANA COMPLEX CANTONMENT, BIRDS ROAD, TRICHY. ... PETITIONER/APPELLANT Vs 1.SWAMYNATHAN 2.LATHA 3 MINOR UTHRA (MINOR PETITIONER REP THRO HER FATHER AND NEXT GUARDIAN 1ST PETITIONER 4 SURESH THURAI ... 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 55 days in preferring the above CMA before this Hon'ble Court.
PRAYER IN CMA(MD)SR.No.14355 of 2020:
Pleased to set aside order and decree dated 01.08.2019 passed in M.C.O.P.No.68 of 2016 on the file of the Motor Accidents Claims Tribunal(principal Sub Court Tirunelveli) to allow this 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.A.SHAJAHAN, Advocate for the petitioner and Mr.T.SELVAKUMAR, Advocate for Respondents 1 to 3 and of Mr.R.KARUNANIDHI, Advocate for 4th Respondent, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 55 days in filing the above Civil Miscellaneous Appeal.
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CMP(MD) No.6202 of 2020 2.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.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which the petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
4. 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".
sd/- 17/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI. COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.6202 of 2020 in CMA(MD)SR.No.14355 of 2020 Date :17/02/2021 MSA TK/PN/SAR.4/22.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2