The Branch Manager v. Veeraselvi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7153 of 2018 IN CMA(MD) No.SR20173 of 2018 THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED, NO.135/1-FIRST FLOOR, ROSE BUILDING, MAIN ROAD, KOVILPATTI, TUTICORIN DISTRICT -628 501. APPELLANT/ PETITIONER Vs 1.VEERASELVI 2.MINOR ROHIT 3.MINOR PRAGADEESH (2 AND 3 Minor petitioners are represented by their Mother 1st Petitioner) 4.JAYALAKSHMI 5 SUBBA REDDIYAR 6.SHANKAR 7.THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD, NO.61/2694,FIRST FLOOR, INDIAN BANK UPSTAIRS, SOUTH MAIN STREET,THANJAVUR.
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 358 days caused in filing Civil Miscellaneous Appeal before this Hon'ble Court. Prayer in CMA(MD) No.SR20173 of 2018:- To modify the award considering the decision of the Apex Court as mentioned supra the Decree and Judgment dated 10.01.2017 made in M.C.O.P.No.799 of 2016 on the file of Special District Judge, 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.ILANGO, Advocate for the petitioner and Respondents 1 to 6 not appeared either in person or by an advocate and Mr.A.S.MATHIALAGAN, Advocate for the seventh Respondent, the court made the following order:- The petition has been filed to condone the delay of 358 days in filing the appeal.
2.Heard the learned counsel for the petitioner.
3. Though the respondents 1 to 4 entered appearance through counsel, there is no representation. The respondents 2 and 3 are the minors represented by the first respondent. Mr.Mathialagan, learned counsel takes notice for the seventh respondent. Though notice was served on the respondents 5 and 6 and their named are printed in the cause list, there is no representation either in person or through counsel.
4. Considering the contention of the learned counsel appearing for the petitioner, the delay is condoned on payment of Rs.500/- (Rupees Five hundred only) to Rojavanam, Home for Old Aged, Melur Road, Uthangudi-Ulaganeri, Madurai-625 107 within a period of one week from the date of receipt of a copy of this order, failing which, the petition shall stand dismissed automatically, without further reference to this Court. On production of receipt, the Registry is directed to number the appeal and post the same for admission.
sd/- 08/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL DISTRICT JUDGE, THANJAVUR COPY TO
1. THE OFFICER IN-CHARGE, ROJAVANAM, HOME FOR OLD AGED, MELUR ROAD, UTHANGUDI-ULAGANERI, MADURAI-625 107.
2.THE SECTION OFFICER, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.7153 of 2018 IN CMA(MD) No.SR20173 of 2018 Date :08/10/2018 AE/RR/SAR4/17.10.2018/3P/4C