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Madras High CourtCMP(MD)/4594/2018ordered

Minor Pandimeena v. The Royal Sundaram Alliance

2018-08-13Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.4594 of 2018 IN CMA(MD) No.SR20068 of 2017 MINOR PANDIMEENA REP BY HER GUARDIAN,S.VIJAYA, ... PETITIONER/APPELLANT/PETITIONER Vs 1 THE ROYAL SUNDARAM ALLIANCE COMPANY LTD, CHENNAI BRANCH, 46 WHITES ROAD, CHENNAI.

2 ABDUL MEERA 3 THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD, 4132, KEELARAJA VEETHI, PUDUKKOTTAI TOWN & POST. ... RESPONDENTS / RESPONDENTS/RESPONDENTS 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 449 days in filing the CMA before this Honourable Court and thus render justice.

PRAYER IN CMA(MD)SR.NO.20068 OF 2018:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the fair and decreetal order dated 06.11.2015 in M.C.O.P.No.67 of 2012 on the file of the Hon'ble Motor Accident Claims Tribunal (Additional District Court),Pudukottai by allowing the present civil Miscellaneous Petition and thus 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 M/S.K.BAALASUNDHARAM, Advocate for the petitioner and of Mr.A.ELANGO Advocate for R3, and for R1 is not appeared either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 449 days in filing the above Civil Miscellaneous Appeal. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the petitioner submitted that the second respondent was remained ex-parte before the Tribunal and hence, he is giving up the second respondent and he has also made an endorsement to that effect. The said endorsement is hereby recorded.

3. Heard both sides.

4. This petition is allowed and the delay is condoned on payment of cost of Rs.500/- (Rupees Five Hundred only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107, within a period of one week from today, failing which this petition shall stand dismissed automatically without any further reference to this Court.

5. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 13/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL / ADDITIONAL DISTRICT JUDGE, PUDUKOTTAI.

COPY TO:- The Officers Incharge, Rojavanam, Home for Old Aged, Melur Road, Uthangudi, Ulaganeri, Madurai - 625 107

ORDER

IN CMP(MD) No.4594 of 2018 IN CMA(MD) No.SR20068 of 2017 Date :13/08/2018 MV:MMS:SAR4:27/08/18/2P/3C https://hcservices.ecourts.gov.in/hcservices/