United India Insurance Company v. Kalima Beegam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5894 of 2018 AND CMA(MD) No.SR34858 of 2017 UNITED INDIA INSURANCE COMPANY LTD, THROUTH ITS BRANCH MANAGER, HAVING OFFICE AT, NEEL COMPLE 2ND FLOOR, NO.37/2, MATTAPPA STREET, TENKASI.

... PETITIONER/APPELLANT Vs 1 KALIMA BEEGAM 2 BEER MOHAMMED 3 RAJENDRAN ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Pleased to condone the delay of 263 days in representing the appeal in CMA SR No.34858 of 2017 and ordered to take the appeal and to pass such further or other orders as this Honourable Court may deem fit and proper circumstances of the case and thus render justice.

PRAYER IN CMA(MD) No.SR34858 of 2017:

To allow this appeal and set aside the judgement and decree passed in M.C.P.O.No.342/2011 dated 10.04.2017 on the file of the Motor Accident Claim Tribunal Additional Sub Court,Tenkasi. 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:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 263 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 https://hcservices.ecourts.gov.in/hcservices/

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. 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/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL SUBORTIDINATE JUDGE, MOTOR ACCIDENT CLAIM TRIBUNAL, TENKASI.

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 MADRURI BENCH OF MADRAS HIGH COURT MADURAI

ORDER

IN CMP(MD) No.5894 of 2018 AND CMA(MD) No.SR34858 of 2017 Date :09/07/2018 TK/VR/ASVM/13.07.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/