The Branch Manager, v. Boopathy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5392 of 2018 IN CMA(MD) No.SR47798 of 2017 THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., FIRST FLOOR K.R.T BUILDING, NO.33 BHARATHIDASAN SALAI PROMENADE ROAD, CANTONMENT, TIRUCHIRAPPALLI-620 001. ... PETITIONER/APPELLANT Vs 1 BOOPATHY 2 MINOR DEEPIKA, 3 MINOR PRADEEPA, (MINOR 2&3 REP. THRO MOTHER 1ST RESPONDENT) 4 SEENIVASAGAM, 5 ARUL MARY 6 SHANMUGAM ... 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 145 days in representation of the above said CMA.SR.No.47798 of 2017 and thus render justice. PRAYER IN CMA(MD) No.SR47798 of 2017:
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988, Praying to set aside the Judgment and decree passed by the Motor Accident Claims Tribunal Cum II Additional District and Sessions Judge, Triunelveli, made in M.C.O.P.No.123/2017 dated 31.07.2017.
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.R.RAJAMANI, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 145 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR47798 of 2017.
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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 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.
sd/- 28/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIUNELVELI.
COPY TO : THE AUTHORISED OFFICER, LEGEL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/JC/RNB/5.7.18-2P-3C
ORDER
IN CMP(MD) No.5392 of 2018 IN CMA(MD) No.SR47798 of 2017 Date :28/06/2018 https://hcservices.ecourts.gov.in/hcservices/