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Madras High CourtCMP(MD)/12266/2018withdrawn dismissed

T.Bemilaraj v. The Branch Manager

2019-04-24Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.12266 of 2018 IN CROS.OBJ(MD) No.SR44130 of 2018 1 T.BEMILARAJ 2 MINOR.T.OVIYA 3 MINOR T.KATHIRAJ 4 A.JANAKIRAMAN (MINORS 2 & 3 ARE REPRESENTED THROUGH THEIR MOTHER NATURAL GUARDIAN T.BEMILARAJ THE 1ST RESPONDENT) ... PETITIONERS/RESPONDENTS 1 TO 4 Vs 1.THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., 392 A, TENKASI ROAD, RAJAPALAYAM.

...APPELLANT/RESPONDENT 2.M.KANNAN 3.THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH II, 1272/1273, METTUR ROAD, PALNIAPPA COMPLEX, ERODE 638 011.

ERODE DISTRICT. ... 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 822 days in payment of deficit court fee of Rs.9872.00 in CMA.NO.498/2013 on the file of this Hon'ble Court and thus render justice PRAYER IN CROS.OBJ(MD) No.SR44130 of 2018:

To set aside the fair order and decreetal order 15.11.2008 dated passed by the Motor Accident Claims Tribunal Sub Ordinate Jude, Sivakasi, in MCOP No.101 of 2006.

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.P.GANAPATHISUBRAMANIAN, Advocate for the petitioners, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

When the matter is taken up for hearing today, the learned counsel appearing for the petitioners seek permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2.In view of the endorsement made by the learned counsel appearing for the petitioners, this petition is dismissed as withdrawn. However, liberty is given to the petitioners to file a fresh appeal.

3.The Registry is directed to refund the Court fee to the cross objectors, if otherwise they found eligible.

sd/- 24/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SIVAKASI.

COPY TO:

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

+1. C.C. to Mr.P.GANAPATHISUBRAMANIAN Advocate SR.No.7465

ORDER

IN CMP(MD) No.12266 of 2018 IN CROS.OBJ(MD) No.SR44130 of Date :24/04/2019 TK/PN/SAR-3/30.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/