Madras High CourtCMP(MD)/5203/2018ordered

M.Vasuki v. D.Dhineshkumar

2018-07-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5203 of 2018 IN CMA(MD) No.SR16877 of 2015 1 M.VASUKI 2 MINOR M.THIRUKUMARAN 3 MINOR M.THIRUNIRAI 4 R.SELVARANI 5 M.RAJENDRAN (MINORS PETITIONERS 2 & 3 REP BY THEIR GUARDIAN MOTHER M.VASUKI) ... PETITIONERS/APPELLANTS Vs 1 D.DHINESHKUMAR 2 THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD,NO.63, WEST PRATHAKCHANAM ROAD,KARUR 3 R.VELLAISAMY, ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 815 days in restoration of CMP.(MD).No.1819 of 2016 in CMA.SR.No.16877 of 2015, dated 25.02.2016. PRAYER IN CMA(MD) No.SR16877 of 2015:

to prefer this Memorandum of Civil Miscellaneous Appeal against the judgment and Decree made in M.C.O.P.No.110 of 2012 on the file of the Motor Accident Claims Tribunal, (Principal District Judge) Karur, dated 25.02.2014 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.T.SELVAKUMARAN, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 815 days in restoration of CMP(MD).No.1819 of 2016 in the above civil miscellaneous appeal in C.M.A.(MD)No.SR16877 of 2015. 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 Chief Justice Relief Fund 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.

sd/- 13/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, KARUR Copy to:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.5203 of 2018 IN CMA(MD) No.SR16877 of 2015 Date :13/07/2018 SMA/CSL/SAR-1/19.07.2018:2P/3c https://hcservices.ecourts.gov.in/hcservices/