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Madras High CourtCMP(MD)/8512/2019allowed

The Branch Manager, v. Arumugam,

2020-01-03Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.8512 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of January Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.8512 of 2019 in CMA(MD)SR.No.2455 of 2019 THE BRANCH MANAGER, CHOLAMANDALAM GENERAL INSURANCE COMPANY LTD., II FLOOR, DARE HOUSE, No.2, NSC BOSE ROAD, CHENNAI - 1.

... PETITIONER/APPELLANT Vs 1 ARUMUGAM, 2 INDIRANI, 3 MUNIYAMMAL, 4 MUNEESWARI, 5 PANDI SELVI, 6 M.PARAMASIVAM, ... 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 406 days in filing the above appeal against the fair and decreetal order dated 12.09.2017 made in MCOP.No.61 of 2017 on the file of Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Sivagangai and 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 M/S.K.R.SHIVASHANKARI, Advocate for the petitioner and of Mr.S.Manohar, Advocate on behalf of the Respondents 1 to 5, the court made the following order:- Both side present.

2.This petition is filed to condone the delay of 406 days in representing the Civil Miscellaneous Appeal.

3.The respondents side has no serious objection. 4.The reasons stated in the affidavit filed in support of this petition, are not satisfactory. But, one more opportunity to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.8512 of 2019 given to put forth his case. Hence, this petition is allowed and the delay is condoned on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), on or before 10.01.2020.

5.Call on 21.01.2020 'for reporting compliance'. sd/- 03/01/2020 / TRUE COPY / / /2020 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 OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM, THENI.

ORDER

IN CMP(MD) No.8512 of 2019 in CMA(MD)SR.No.2455 of 2019 Date :03/01/2020 dss AE/JC/SAR-II (09.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2