Madras High CourtCMP(MD)/6537/2018ordered

M/S.United India Insurance v. Nirmala

2018-07-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6537 of 2018 IN CMA No.SR 29320 of 2016 M/S.UNITED INDIA INSURANCE COMPANY LIMITED, NO.280, MAIN ROAD, 1ST FLOOR, METTUPALAYAM 641 301. ... PETITIONER/APPELLANT Vs 1 NIRMALA 2 BANUMATHI 3 RUBA 4 JEGANATHAN ... 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 195 days in filing the restoration petition in C.M.P.No.10135 / 2016 in C.M.A.S.R.No.29320 / 2016 which was dismissed for default on 04.12.2017 and render justice. PRAYER IN CMA(MD)SR.No.29320/2016:

To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Special District Court, Tiruchirapalli made in M.C.O.P.No.395 Of 2013 dated 24.11.2015.

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.C.JAWAHAR RAVINDRAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 195 days in filing the restoration petition in C.M.P.(MD)No.10135 of 2016 in C.M.A.(MD)No.SR29320 of 2016.

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.500/- (Rupees 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 https://hcservices.ecourts.gov.in/hcservices/

dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered. After showing proof of payment, Registry is directed to list C.M.P.(MD)No.10135 of 2016 in C.M.A.(MD)No.SR29320 of 2016 on 03.08.2018.

sd/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM SPECIAL DISTRICT JUDGE, TIRUCHIRAPALLI.

COPY TO :

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO :

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.6537 of 2018 IN CMA No.SR 29320 of 2016 Date :27/07/2018 PK/RR/SAR-4/02.08.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/