M/S. Bajaj Allianz General v. Rajapal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.5835 to 5837of 2018 IN CMA(MD) Nos.952 to 954 of 2015 M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, ... PETITIONER/PETITIONER/APPELLANT IN ALL PETITIONS Vs 1 RAJAPAL 2 ARPUTHASEELI 3 THE GENERAL MANAGER M/S. MELATHAR MINING CO., PVT. LTD., NEW NO.
39, 2ND FLOOR, ABD TRADE CENTRE, ANNA SALAI, CHENNAI.
4 ARUL STANISLAS 5 MINOR ANES SONIA MARRY ... RESPONDENTS/RESPONDENTS CMP(MD)NO.5835 of 2018 ARUL STANISLAS M/S MELATHAR MININING CO PVT LTD, NEW NO.39,2nd FLOOR, ABDTRADE CENTRE, ANNASALAI, CHENNAI.
...RESPONDENTS/RESPONDENTS CMP(MD)NO.5836 of 2018 ARUL STANISLAS, MINOR.ANES SONIA MARY, M/S MELATHAR MININING CO PVT LTD, NEW NO.39,2nd FLOOR, ABDTRADE CENTRE, ANNASALAI, CHENNAI.
...RESPONDENTS/RESPONDENTS CMP(MD)NO.5837 of 2018
COMMON CMPs PRAYER IN 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 694 days caused in filing the restoration petition and thus render justice.
Prayer in CMA(MD). 952/ 2015 :
To set aside the decree and judgment of Motor Accidents Claims Tribunal - Subordinate Judge of Valliyur dated 29.01.2015 in MCOP.No.223/2010 and allow the appeal.
Prayer in CMA(MD). 953/ 2015 :
To set aside the decree and judgment of Motor Accidents Claims Tribunal - Subordinate Judge of Valliyur dated 29.01.2015 in MCOP.No.07/2011 and allow the appeal.
Prayer in CMA(MD). 954/ 2015 :
To set aside the decree and judgment of Motor Accidents Claims Tribunal - Subordinate Judge of Valliyur dated 29.01.2015 in MCOP.No.08/2011 and allow the appeal.
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. G.MARUTHIAH, Advocate for the petitioner the court made the following order:- Heard These petitions have been filed by petitioner seeking to condone the delay of 694 days in filing the restoration petitions. 2.Considering the reasons stated in the affidavit filed support of the petitions 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) for each of the petition, to the Chief Justice Relief Fund within a period of one week from the date of receipt of copy of this order, failing which these petitions shall stand dismissed automatically without any further reference to this Court.
3.These petitions are accordingly ordered.
sd/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, VALLIYUR.
TIRUNELVELLI DISTRICT.
COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
PS/JC/SAR-2:28/08/2018:2P/3C
ORDER
IN CMP(MD) Nos.5835 to 5837 of 2018 IN CMA(MD) Nos.952 to 954 of 2015 Date :03/08/2018