The New India Assurance Company Ltd v. V. Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN TR.CMP(MD).No.236 of 2023 and CMP(MD).No.5197 of 2023 The New India Assurance Company Limited, Divisional Office, Jerome Building, Fort Station Road, Trichy.

... Petitioner Vs.

1.V.Murugan 2.Y.Nasar 3.N.Abuthakeer 4.M/s. United India Insurance Company Ltd., Branch Office 78, Cauvery Nagar, Kamarajar Salai, Kulithalai, Karur District.

... Respondents PRAYER:- Petition filed under Section 24 C.P.C., to withdraw MCOP.No. 302 of 2020 on the file of III Additional Subordinate Judge / MACT, Tiruchirappalli and transfer the same to the file of the Subordinate Judge / MACT, Kulithalai, Karur District to be tried along with MCOP.No.151 of 2018.

For Petitioner : Mr.N.Dilipkumar For Respondent : Mr.C. Jawahar Ravindran 1/5

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer the case in MCOP.No.302 of 2020 on the file of III Additional Subordinate Judge / MACT, Tiruchirappalli to the file of Subordinate Judge / MACT, Kulithalai, Karur District to be tried along with MCOP.No.151 of 2018.

2. The learned counsel appearing for the petitioner submitted that in respect of the very same accident another MCOP.No.151 of 2018 is pending on the file of the Subordinate Judge / MACT, Kulithalai, Karur District. In such circumstances, he filed the present petition seeking to transfer the MCOP.No.302 of 2020 pending on the file of III Additional Subordinate Judge / MACT, Tiruchirappalli to the file of the Subordinate Judge / MACT, Kulithalai, Karur District to be tried along with MCOP.No. 151 of 2018.

3. Even though the notice is served upon the respondents 1 to 3, they have not chosen to appear before this Court either in person or through Advocate. So after hearing the learned Counsel for the petitioner, this order is passed.

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4. Considering the facts and circumstances and also considering the fact that two claim petitions are pending before the various Courts for the very same accident, this Court is inclined to allow this petition.

5. Accordingly, this Transfer CMP is allowed and the MCOP.No.302 of 2020 pending on the file of III Additional Subordinate Judge / MACT, Tiruchirappalli is ordered to be withdrawn and transferred to the file of the Subordinate Court / MACT, Kulithalai, Karur District to be tried along with MCOP.No.151 of 2018. The III Additional Subordinate Judge / MACT, Tiruchirappalli is directed to transmit the records pertaining to the case in MCOP.No.302 of 2020 pending on his file to the transferee Court within a week from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

27.03.2024 Internet : Yes / No Index : Yes / No trp 3/5

To

1. The III Additional Subordinate Judge / MACT, Tiruchirappalli

2. The Subordinate Judge / MACT, Kulithalai, Karur District 4/5

G.ILANGOVAN,J.

trp TR.CMP(MD).No.236 of 2023 and CMP(MD).No.5197 of 2023 27.03.2024 5/5