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Madras High CourtCMP(MD)/4840/2019ordered

The Branch Manager, v. Kr.Kaliammal,

2019-07-31Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4840 of 2019 IN CMA(MD) No.SR18733 of 2018 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., NO.15/A, P.L.A.KANAGU TOWERS, 11TH CROSS STREET, THILLAI NAGAR, TRICHY-18. ... PETITIONER/APPELLANT Vs 1 KR.KALIAMMAL 2 P.VELKANI 3 P.MATHESH (MINOR) 4 P.SUBASREE(MINOR) (Minor 3rd and 4th respondent represented Through their mother and next friend 2nd Respondent herein) 5 DHARMARAJ ... 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 115 days in filing the main appeal and take the main appeal into file and thus render justice. PRAYER in CMA(MD) No.SR18733 of 2018:

To set aside the judgment and decree dt 17.08.2017 passed in MCOP No.24 of 2012 on the file of the Motor Accidents Claims Tribunal / Subordinate Judge, Devakottai by allowing this appeal 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.V.SAKTHIVEL, Advocate for the petitioner and of MR.B.MURUGANANDAM, Advocate for R1 to R4, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard.

This petition has been filed by the petitioner seeking to condone the delay of 115 days in filing the above Civil Miscellaneous Appeal.

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 Services Committee, attached to this Bench,within a period of one week from the date of receipt of copy of this order, failing which this 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" forthwith.

sd/- 31/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, DEVAKOTTAI.

COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4840 of 2019 IN CMA(MD) No.SR18733 of 2018 Date :31/07/2019 smn PK/JC/SAR-1/05.08.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/