Madras High CourtCMP(MD)/3805/2020ordered

Legal Manager v. Minor.Omprakash

2021-02-02Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.3805 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.3805 of 2020 in CMA(MD) SR No.26461 of 2020 LEGAL MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., 2nd FLOOR, P.L.A, KANAGU TOWERS, 15A, 11TH CROSS,THILLAI NAGAR, TRICHIRAPALLI-18. ... PETITIONER/RESPONDENT No.2 Vs MINOR.OMPRAKASH ... RESPONDENT/PETITIONER (Through his next friend, guardian and mother Ms.Logasundari) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 89 days in filing the appeal as against the judgment and decree dated 01.08.2019 passed in M.C.O.P No.1118 of 2018 on the file of the Special District Judge/Motor Accident Claims Tribunal, Thanjavur, till the disposal of the main appeal.

Prayer in CMA(MD) SR No.26461 of 2020:

Civil Miscellaneous Appeal filed may be pleased to set aside the judgment and decree dated 01.08.2019 passed in M.C.O.P No.1118 of 2018 on the file of the Special District Judge/Motor Accident Claims Tribunal, Thanjavur, by allowing this appeal. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.SAKTHIVEL, Advocate for the petitioner and of Mr.N.Sudhagar Nagaraj, Advocate on behalf of the Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 89 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/

2. Considering the reasons stated in the affidavit filed in 1/2

CMP(MD) No.3805 of 2020 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 the Legal Services Committee, attached to this Bench,within a period of two weeks 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.

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

sd/- 02/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3805 of 2020 in CMA(MD) SR No.26461 of 2020 Date :02/02/2021 PKN SRS/SMA/SAR-II/05.02.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2