Madras High CourtCMP(MD)/4913/2018ordered

M/S.United India Insurance Co v. K.Mangalanathan

2018-06-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4913 of 2018 IN CMA(MD) No.SR46887 of 2017 M/S.UNITED INDIA INSURANCE CO LTD, DIVISIONAL OFFICE, JEEVA JOTHI BUILDING, SALAI ROAD, DINDIGUL DISTRICT. ... PETITIONER/APPELLANT Vs 1 K.MANGALANATHAN 2 N.ATHINARAYANAN ... RESPONDENTS/RESPONDENTS (NOTICE TO 2ND RESPONDENT IS GIVEN UP AS HE DID NOT APPEARED AT THE TIME OF TRIAL). 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 182 days in representation of the above C.M.S.S.R.No.46887 of 2017 and to pass such further or other order as this Honourable Court may deem fit and proper in the circumstance of the case and render justice.

PRAYER IN CMA(MD) No.SR46887 of 2017:

To prefer this Memorandum of Civil Miscellaneous Appeal in this Honorable Court against the Fair and Decrital Order dated 22.08.2017 made in M.C.O.P.No.96 of 2012 on the file of the Motor Accident Claims Tribunal (Sub Court), Palani. ORDER :This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.B.RAJESH SARAVANAN, Advocate for the petitioner, the court made the following order:- This Petition has been filed to condone the delay of 182 days in representation of the above civil miscellaneous appeal in C.M.A(MD)No.SR46887 of 2017.

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 "Legal Aid https://hcservices.ecourts.gov.in/hcservices/

Infrastructure Funds", Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a 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. Registry is directed to number the appeal, if the papers are otherwise in order, after showing the proof of deposit.

sd/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PALANI COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICES 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.4913 of 2018 IN CMA(MD) No.SR46887 of 2017 Date :18/06/2018 PK/CM-VR/GSR/21.06.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/