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Madras High CourtCMP(MD)/10794/2018ordered

The New India Assurance Co.Ltd v. Arumugam, S/O. Perumal,

2018-11-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10794 of 2018 IN CMA(MD) No.SR8591 of 2018 THE NEW INDIA ASSURANCE CO.LTD REP. BY ITS BRANCH MANAGER, NO.480, SEKKALAI ROAD, KARAIKUDI TOWN, KARAIKUDI TALUK, SIVAGANGAI DISTRICT.

... PETITIONER/APPELLANT Vs 1 ARUMUGAM 2 SELVI 3 MARIMUTHU ... 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 180 days in representing the above appeal and pass such further or other Orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

PRAYER IN CMA(MD) No.SR8591 of 2018 To set aside the judgment and decree dated 21.08.2017 passed in MCOP No. 274 of 2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Sivagangai. 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.G.PRABHU RAJADURAI, Advocate for the petitioner the court made the following order:- This petition has been filed to condone the delay of 180 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR8591 of 2018.

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.1000/- (Rupees One Thousand only) to "Chief Justice https://hcservices.ecourts.gov.in/hcservices/

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 dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 28/11/2018 / 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, SIVAGANGAI COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to MR.G.PRABHU RAJADURAI Advocate SR.No.22375

ORDER

IN CMP(MD) No.10794 of 2018 IN CMA(MD) No.SR8591 of 2018 Date :28/11/2018 MSI/VR-MMS/SAR-III/06.12.2018-2P/4C https://hcservices.ecourts.gov.in/hcservices/