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Madras High CourtCMP(MD)/5876/2019allowed

The Oriental Insurance Company v. S.Mathivanan,

2021-11-23Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

CMP(MD) No.5876 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble Dr.Justice G.JAYACHANDRAN CMP(MD) No.5876 of 2019 IN CMA(MD)No.SR.20144 of 2019 THE ORIENTAL INSURANCE COMPANY LIMITED, REP BY ITS DIVISIONAL MANAGER, K.J.R.COMPLEX, NORTH VELI STREET, MADURAI DISTRICT.

... PETITIONER/APPELLANT Vs 1 S.MATHIVANAN (*)Cause title accepted vide court order dated 08.04.2021 made in CMP(MD) No.3512/2021 in CMA(MD)No.SR.20144/2019 2 SYED AMMAL ENGINEERING COLLEGE, REP BY ITS THE CORRESPONDENT, LANTHAI, RAMNAD DISTRICT.

... 1st RESPONDENT/2nd RESPONDENT 3 THE UNITED INDIA INSURANCE COMPANY LIMITED, REP BY ITS THE DIVISIONAL MANAGER, MANGAMMAL CHATHIRAM, MADURAI DT.

(2ND & 3RD RES REMAINED EXPARTE BEFORE THE LOWER COURT) 4 THENMOZHI 5 MANONMANI 6 SUNDAR JEGAN 7 RAJALAKSHMI 8 RAJAMMAL ... PROPOSED 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 75 days in filing the appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5876 of 2019 PRAYER IN CMA(MD)No.SR.20144 of 2019:

To set aside the decree and judgment passed in M.C.O.P.No.476 of 2016, dated 16.11.2018, on the file of the Motor Accidents Claims Tribunal cum Special Sub Judge, Madurai.

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 M/S.G.GANESH KUMAR, Advocate for the petitioner and of Mr.F.DEEPAK, Advocate for the Respondent Nos.4 to 7, the court made the following order:- This petition is filed to condone the delay of 75 days in filing the appeal.

2. Heard the learned counsel for the petitioner/appellant.

3. Delay is condoned on condition that the petitioner/ appellant shall pay a sum of Rs.5,000/- (Rupees five thousand only) to the respondent on or before 30.11.2021. On such payment, the Registry is directed to number the appeal, if it is otherwise in order. 4.Accordingly, this petition is ordered.

sd/- 23/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL SUB JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

ORDER

IN CMP(MD) No.5876 of 2019 IN CMA(MD)No.SR.20144 of 2019 Date :23/11/2021 SA/PN/SAR.4/25.11.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2