Durai Raj v. S.Arulmani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.7586 of 2018 IN CMA(MD) No.SR30562 of 2018 DURAI RAJ ... PETITIONER/APPELLANT Vs 1.S.ARULMANI 2.THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., NO.4132, KELA RAJA VEEDHI, 1ST FLOOR, PUDUKOTTAI TOWN. ... RESPONDENTS/RESPONDENTS 1 & 2 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 1053 days in filing the above Civil Miscellaneous Appeal before this Honourable court as against the award passed in M.C.O.P.No.2 of 2012 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukottai and thus render justice.

Prayer in CMA(MD) No.SR30562 of 2018:- To set aside the Judgment and Decree dated 11.05.2015 passed in M.C.O.P.No.2 of 2012 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Pudukkottai, and allow the present Civil miscellaneous 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 Mr.K.GOKUL, Advocate for the petitioner and R1 and R2 not appeared either in person or by an Advocate, the court made the following order:- This petition is filed to condone the delay of 1053 days in filing the above said appeal.

2.Heard the learned counsel appearing for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. Though notice was served on the respondent No.1 and his name

is also printed in the Cause list, he not chosen to appear either in person or through counsel.

4. Considering the contention of the learned counsel for the petitioner, the delay of 1053 days is condoned on payment of cost of Rs.1000/- (Rupees Thousand only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.

sd/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENT CLAIMS TRIBUNAL, PUDUKKOTTAI.

COPY TO:

THE OFFICER INCHARGE ROJAVANAM, HOMELESS AND AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

ORDER

IN CMP(MD) No.7586 of 2018 IN CMA(MD) No.SR30562 of 2018 Date :11/10/2018 Myr AE/RR/SAR1/15.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/