Madras High CourtCMP(MD)/7148/2024allowed

The Divisional Manager v. Meenakshi

2024-12-13Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Thirteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI CMP(MD). No.7148 of 2024 in C.M.A.(MD)NO.542 of 2018 The Divisional Manager M/s. United India Insurance Company Limited No.61/2692 First Floor, Indian Bank, Upstair, South Main Road, Thanjavur Town, Thanjavur District.

... Petitioner Vs 1 Meenakshi 2 Rajendran 3 Oorkavalan 4 Kalyani ... Respondents Prayer :- Civil Miscellaneous Petition filed under section 5 of Limitation Act to condone the delay of 1173 days in filing the restoration petition in C.M.A.No.542/2018 and render justice.

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Prayer in C.M.A.(MD)NO.542 of 2018:- Civil Miscellaneous Appeal filed under section 173 of Motor Vehicle Act, 1988 pleased to set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Additional District Judge, Ramanathapuram made in M.C.O.P.No.03/2017 dated 28.11.2017.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. C. Jawahar Ravindran, Advocate for the Petitioner, this Court made the following order:

This petition is filed to condone the delay of 1173 days in filing the restoration petition in C.M.A.No.542 of 2018.

2. Heard the learned counsel for the petitioner/appellant.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to deposit costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai - 20 2/4

(payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497) within a period of 15 days from the date of receipt of a copy of this order. Failing which, this petition shall automatically stand dismissed without any reference to this Court. Sd/- Assistant Registrar(CO) // True Copy // /01/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The Additional District Judge, Motor Accident Claims Tribunal, Ramanathapuram.

Copy to:

1. M/s. C. Jawahar Ravindran B.L., Advocate No.534, K.K.Nagar, Madurai-2.

2. The Officer Incharge, Cancer Institute(WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai-20.

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3. The Divisional Manager M/s. United India Insurance Company Limited No.61/2692 First Floor, Indian Bank, Upstair, South Main Road, Thanjavur Town, Thanjavur District.

4. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 13/12/2024 ==========================

ORDER

========================== CMP(MD). No.7148 of 2024 in C.M.A.(MD)NO.542 of 2018 Giving direction and etc.

as stated within.

MGJ(22.01.2025) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 4/4