The New India Assurance v. Mahalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eleventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5645 of 2018 IN CMA(MD) No.SR22099 of 2017 THE NEW INDIA ASSURANCE COMPANY LIMITED, 66, W.B.ROAD, TIRUCHIRAPPALLI.

... PETITIONER/ APPELLANT Vs 1 MAHALAKSHMI 2 SREENIVASAPERUMAL(DIED) 3 PARVATHAM(DIED) ... RESPONDENTS 1-3/ PETITIONERS 4 THANGARANI ... RESPONDENT/ RESPONDENT- 1 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 313 days in representing the appeal CMA.SR.No.22099 of 2017 and thus render justice. PRAYER IN CMA(MD) No.SR22099 of 2017:

To set aside the judgment and decree dated 09.01.2017 and made in M.C.O.P.No.1032 of 2015 on the file of the Motor Accident Claims Tribunal/ Special District Judge(MCOP Cases), Trichy. 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.SRINIVASAN, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 313 days in representing the above Civil Miscellaneous Appeal.

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 copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court. https://hcservices.ecourts.gov.in/hcservices/ 3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is in order and list the same "for admission" forthwith.

sd/- 11/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE(MCOP CASES), THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TRICHY.

COPY TO:

1 THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5645 of 2018 IN CMA(MD) No.SR22099 of 2017 Date :11/07/2018 MS/VR/GSR/18.07.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/