The Branch Manager, Reliance General Insurance Company Ltd, v. Ponhalen
CMP(MD) No.6465 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirteenth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CMP(MD) No.6465 of 2021 IN CMA(MD)SR.No2977 of 2019 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD, NO.10/4/4,THAHA PLAZA, IIND FLOOR, SOUTH BYE PASS ROAD, VANNARPETTAI, TIRUNELVELI-627 003.
... PETITIONER/APPELLANT Vs 1.PONHALEN 2.K.MARIAPPAN ... 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 367 days in re-presenting the above C.M.A.(MD).SR.NO.2977 of 2019 before this Hon`ble court as against the award passed in M.C.O.P.No.207/2013 on the file of the Motor Accident Claims Tribunal, IV Additional District Judge, Tirunelveli, and thus render justice.
PRAYER IN CMA(MD)SR.No.2977 of 2019:
To set aside the Judgment and Decree dated 27.03.2018 passed in M.C.O.P.No.207 of 2013 on the file of the Motor Accident Claims Tribunal, IVth Additional District Judge, Tirunelveli, and allow the Present Civil Miscellaneous 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.K.GOKUL, Advocate for the petitioner and the following order:- This Petition has been filed seeking to condone the delay of 367 days in representing the appeal papers in the above Civil Miscellaneous Appeal.
2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.6465 of 2021 3.Considering the length of delay, this Court is of the view that this Petition may be ordered, on payment of costs. 4.In view of the above, this Petition is ordered and the delay of 367 days in representing the above Civil Miscellaneous Appeal is condoned on condition that the Petitioner pay a sum of Rs.1,000/-(Rupees One Thousand only) to the Legal Services Committee attached to this Bench, towards costs, within a period of two weeks from the dateof receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.
sd/- 13/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned..
TO THE ADDITIONAL DISTRICT JUDGE NO.IV, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
COPY TO:
THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(SOFT COPY) ORDER IN CMP(MD) No.6465 of 2021 IN CMA(MD)SR.No2977 of 2019 Date :13/08/2021 SA/VR/SAR.2/23.08.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2