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Madras High CourtCMP(MD)/12226/2018ordered

The Divisional Manager, v. Sivabalan@ Jeyabalan,

2019-01-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12226 of 2018 IN CMA(MD) No.SR20778 of 2018 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., KJR COMPLEX, 16 NORTH VELI STREET, MADURAI.

... APPELLANT/PETITIONER Vs 1 SIVABALAN@ JEYABALAN 2 LATHA 3 VIJAYARANJANI (MINOR) (MINOR REPRESENTED BY 2nd PETITIONER MOTHER LATHA) 4 KANNADHASAN 5 K.RAJAKANI ... 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 158 days in representation of the above said C.M.A.SR.No.20778 / 2018 and thus render justice. PRAYER IN CMA(MD) No.SR20778 of 2018:

To set aside the order of the Tribunal of Motor Accident Claims Tribunal cum Additional District Judge, Ramanathapuram made in M.C.O.P.No.64/2011 dated 30.11.2018 and allow the appeal with costs 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 MR.E.CHANDRASEKARN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 158 days in re-presenting the above Civil Miscellaneous Appeal in C.M.A.(MD) No.SR20778 of 2018.

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2. Having satisfied with 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.500/- (Rupees Five Hundred 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.

3. This petition is accordingly ordered.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL CUM ADDITIONAL DISTRICT JUDGE, RAMANATHAPURAM.

COPY TO:

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

ORDER

IN CMP(MD) No.12226 of 2018 IN CMA(MD) No.SR20778 of 2018 Date :02/01/2019 JM/PN/SAR 2/08.01.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/