M/S.New India Assurance v. Ayyavoo

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.10995 of 2018 IN CMA(MD) No.SR14567 of 2018 NEW INDIA ASSURANCE COMPANY LTD, REP.BY ITS BRANCH MANAGER, BRANCH OFFICE, 480, SAKKALAI ROAD, KARAIKUDI-630 001. ... PETITIONER/APPELLANT Vs 1 AYYAVOO 2 PR.VAIRAVAN ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to to condone the delay of 174 days in representation of CMA(MD) SR.No.14567 of 2018 and thus render justice.

PRAYER IN CMA(MD) No.SR14567 of 2018 Set aside the fair and decreetal order dated 13.04.2016 made in MCOP No.79 of 2009 on the file of the Motor Accidents Claims Tribunal cum Chief Judicial Magistrate Court, Sivagangai by allowing this Civil Miscellaneous Appeal and thus render justice. 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.Y.PRAKASH, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 174 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR14567 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 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.

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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 COURT, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAGANGAI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.Y.PRAKASH Advocate SR.No.22434 PS/VR-MMS/SAR-4/04/12/2018/2P/4C

ORDER

IN CMP(MD) No.10995 of 2018 IN CMA(MD) No.SR14567 of 2018 Date :28/11/2018 https://hcservices.ecourts.gov.in/hcservices/