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Madras High CourtCMP(MD)/12302/2018ordered

The Branch Manager, National v. Backiyaraj, S/O.Seerangan

2018-12-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12302 of 2018 IN CMA(MD) No.SR4275 of 2018 THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD, 1/1M-404, MASANTH ENQUIRE, HENNUR MAIN ROAD, 3RD BLOCK HRBR LAYOUT, KALAYANA NAGAR, BANGALORE URBAN, KARNATAKA, REP.BY BRANCH OFFICE, GANESH COMPLEX NO.1754/1756, MANOJIAPPA STREET, SOUTH MAIN STREET, THANJAVUR ... PETITIONER/APPELLANT Vs 1.BACKIYARAJ, 2 S.ARUNPETER ... 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 297 days in representing this CMA (MD) SR.No.

4275 of 2018 and order to take the Appeal into file and pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. PRAYER IN CMA(MD) No.SR4275 of 2018:- To allow this appeal and set aside the judgment and decree order passed in M.C.O.P.No.683 of 2016 dated 30.06.2017 on the file of the Motor Accidents Claims Tribunal, Special District Court, Thanjavur.

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.A.S.MATHIALAGAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 297 days in re-presenting the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR4275 of 2018.

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2. Having satisfied with 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.1500/- (Rupees One Thousand and Five Hundred only) to "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/- 20/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, THANJAVUR.

COPY TO:- THE SECTION OFFICER ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12302 of 2018 IN CMA(MD) No.SR4275 of 2018 Date :20/12/2018 AE-JM/JC/SAR4/04.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/