J.Suresh, S/O. Jawahar, v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11315 of 2018 IN CROS.OBJ(MD) No.SR17119 of 2018 1 J.SURESH 2 S.PAVITHRAN 3 S.VIKRAM ... PETITIONER/CROSS-APPELLANTS/RESPONDENTS Vs 1 THE BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, FIRTHAM PLAZA, NO.82, CHANDRA GANTHI NAGAR, BYPASS ROAD, MADURAI.

...RESPONDENT-1/RESPONDENT-1/APPELLANT 2 JEYARAJ @ MUTHU KARUPPAN ...RESPONDENT-2/RESPONDENT-2/RESPONDENT-4 (THE RESPONDENT-2/RESPONDENT-4 HAS BEEN GIVEN UP IN THE ABOVE CORSS APPEAL) 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 109 days in representing the above appeal and thus render justice.

PRAYER IN CROS.OBJ(MD) No.SR17119 of 2018 aside the order dated 23.09.2016 passed in M.O.P.No.11 of 2014 on the file of the Motor Accident Claims Tribunal cum Special District Judge, Madurai, in so far as it related to the enhancement is concerned, by allowing this Cross Appeal in the above Civil Miscellaneous Appeal and to pass such order or other orders. 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.G.ARAVINTHAN, Advocate for the petitioners, the court made the following order:- This petition has been filed to condone the delay of 109 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR17119 of 2018.

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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.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/- 26/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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

PS/JC/SAR-1/06/12/2018/2P/3C

ORDER

IN CMP(MD) No.11315 of 2018 IN CROS.OBJ(MD) No.SR17119 of 2018 Date :26/11/2018 https://hcservices.ecourts.gov.in/hcservices/