The Branch Manager v. M.Sundaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR No.37959 of 2024 THE BRANCH MANAGER ORIENTAL INSURANCE COMPANY LIMITED, NO.56-A, 1-2, MARIAMMAN KOVI STREET, VARADHARAJA PERUMAL KOVIL EAST GATE, VARADHARAJAPURAM, CUMBUM -1, THENI DISTRICT ... Petitioner / Appellant Vs 1 M.SUNDARAM 2 KRISHNAMOORTHY 3 JEYARAMAN ... Respondents / Respondents Civil Miscellaneous 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 568 days caused in filling and Civil Miscellaneous Appeal before this Honourable Court.

1/4

Prayer in CMA(MD) SR No.37959 of 2024:

To set aside the judgment and decree dated 02.08.2022 passed in MCOP No.30 of 2016 on the file of learned Motor Accident Claims Tribunal / Additional District and Sessions Court, Periyakulam, Theni District. ORDER : This civil miscellaneous 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 M/S.A.ILANGO, Advocate for the petitioner and of Mr.P.VENKATESHWAR, Advocate on behalf of the Respondent No.1 and of not appeared for Respondent No.2 in person or through by an Advocate, the Court made the following order:- This petition is filed to condone the delay of 568 days in filing the above appeal in C.M.A.(MD)SR.No.37959 of 2024.

2.Though notice sent to the second respondent has been served, none has entered appearance.

3. Heard the learned counsel for the petitioner/appellant and the first respondent.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 568 days in filing the above appeal in C.M.A.(MD)SR.No. 37959 of 2024 is condoned on the payment of cost of Rs.1,000/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai), within a period of two weeks from the date of receipt of a copy of this order. 2/4

5. Registry is directed to number this appeal, if it is otherwise, in order and list the appeal for admission.

sd/- 23/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD To The Additional District and Sessions Judge, Motor Accident Claims Tribunal, Periyakulam, Theni District.

Copy to:

1.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

4.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

3/4

ORDER

IN in CMA(MD) SR No.37959 of 2024 Date :23/10/2024 ED/ MMS /SAR- (30/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4