The Branch Manager v. Sankarapandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of August Two Thousand Nineteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.5704 of 2019 IN CMA(MD) No.SR21914 of 2019 THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD, DDJ CENTRE, 1ST FLOOR, OPPOSITE TO VADASERI BUS STAND, NAGERCOIL, KANYAKUMARI DISTRICT. ... PETITIONER/APPELLANT Vs 1 SANKARAPANDIAN 2 IZAKKIAMMAL 3 KARUPPASAMY 4 MARIAPPAN 5 MUTHUKUMAR 6 KARPAGAVADIVU ... 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 208 days caused in filing the Civil Miscellaneous Appeal before this Honourable Court. PRAYER IN CMA(MD) No.SR21914 of 2019:

Civil Miscellaneous Appeal against the Decree and Judgment dated 09.07.2018 made in M.C.O.P.No.34 of 2014 on the file of the Subordinate Judge, Kovilpatti, Thoothukudi District. 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.A.ILANGO, Advocate for the petitioner and of No appearance either in person or by an Advocate for R1 to R6, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 208 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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.1000/-.(Rupees one thousand only) to the Legal Service Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which this petition shall stand automatically dismissed 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/- 14/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, KOVILPATTI, THOOTHUKUDI DISTRICT.

Copy To:

1.THE OFFICER INCHARGE, THE LEGAL SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5704 of 2019 IN CMA(MD) No.SR21914 of 2019 Date :14/08/2019 GCG ES/JC/SAR 1/26.08.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/