The Branch Manager v. Subbulakshmi
CMP(MD) No.4865 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4865 of 2020 in C.M.A(MD) SR.No.34714 of 2020 THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY LTD, HAVING ITS OFFICE AT 1st FLOOR, NO.2851/35, KAMALA SUBRAMANIYAM ARCADE, NO.3607/21, IIND FLOOR, NEAR MARYS CORNER, SATHIYAMOORTHI ROAD, KASPA PUTHUKOTTAI, PUTHUKOTTAI DISTRICT.
... PETITIONER/APPELLANT Vs 1 SUBBULAKSHMI 2 GOVINDASAMY 3 SULOCHANA 4 P.S.SANKAR (Respondent No.4 given up) ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 388 days in preferring the above Civil Miscellaneous Appeal against the order dated 30.04.2019 made by the Motor Accident Claims Tribunal cum III Additional District cum Sessions Court, Thanjavur @ Pattukottai in MCOP No.155 of 2017. PRAYER IN C.M.A(MD) SR.No.34714 of 2020:
To set aside the order of the Motor Accident Claims Tribunal cum III Additional District cum Sessions Court, Thanjavur @ Pattukottai made in M.C.O.P.No.155/2017, dated 30.04.2019 and allow the appeal.
ORDER : This petition coming up for orders on this day, 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 and of Mr.S.DEENADHAYALAN, Advocate on behalf of the Respondents 1 to 3, the Court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.4865 of 2020 This petition has been filed by the petitioner seeking to condone the delay of 388 days in preferring 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 of cost of Rs.2,000/- (Rupees Two Thousands only) to the Legal Services Committee, attached to this Bench,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 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 otherwise in order and list the same "for admission" forthwith.
sd/- 02/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE III ADDITIONAL DISTRICTCUM SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THANJAVUR AT PATTUKOTTAI.
COPY TO: THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.4865 of 2020 in C.M.A(MD) SR.No.34714 of 2020 Date :02/02/2021 pkn AE/JC/SAR-III (05/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2