M/S.Reliance General Insurance v. Muniammal,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.4752 of 2019 IN CMA(MD) No.SR11912 of 2018 M/S.RELIANCE GENERAL INSURANCE COMPANY LTD., REP THROUGH ITS BRANCH MANAGER, SRI MEENAKSHI PLLAZA, 1ST FLOOR, PLOT NO HIG 55, 80 FEET ROAD, ANNA NAGAR, MADURAI 625 029. ... PETITIONER/APPELLANT Vs 1 MUNIAMMAL 2 M.SOLAIAPPAN 3 P.SUDHA 4 M.SHAJAHAN ... 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 185 days in filing the main appeal and take the main appeal into file.
Prayer in CMA(MD) No.SR11912 of 2018:
To set aside the Judgment and decree dated 22.02.2017 passed in M.C.O.P.No.774 of 2010 on the file of the Motor Accident Claims Tribunal/Sessions Judge Communal Clash Cases Court of Madurai by allowing 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.V.SKATHIVEL, Advocate for the petitioner and the Respondents 1 to 3 are not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 185 days in filing the above Civil Miscellaneous Appeal.
2.The learned counsel for the appellant would submit that 4th respondent remained exparte before the Court below and notice has been served to all other respondents.
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3.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.1,000/- (Rupees thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks 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.
4.This petition is accordingly ordered.
5. 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/- 11/02/2021 / 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 SESSIONS JUDGE COMMUNAL CLASH CASES COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.
COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.4752 of 2019 IN CMA(MD) No.SR11912 of 2018 Date :11/02/2021 MSA TE/SMA/SAR-II : 16/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/