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Madras High CourtCMP(MD)/9955/2024allowed

Branch Manager v. S.Arumugam

2024-08-27Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR.No.38620 of 2023 BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD, NO.3 & 4, DINDIGUL NATIONAL HIGHWAYS, KALAVASAL, ARASARADI, MADURAI - 625 010.

... PETITIONER/APPELLANT Vs 1 S.ARUMUGAM 2 POTHUMPONNU 3 S.KATHIRVEL ... RESPONDENTS/RESPONDENTS Civil Miscellaneous 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 958 day in filing the above appeal against the fair order made in E.C.No.11 of 2021 on the file of the Commissioner of Employees Compensation, Madurai dated 24-11-2022.

Prayer in CMA(MD) SR.No.38620 of 2023 :

To set aside the fair order passed in E.C.No.11 of 2021 on the file of the Commissioner of Employees Compensation, Madurai dated 24.11.2022, and allow the present Civil Miscellaneous Appeal.

ORDER : This Civil Miscellaneous 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 M/S.K.R.SHIVASHANKARI, Advocate for the petitioner and of MR.K.MUTHUMALAI, Advocate on behalf of the Respondent Nos.1 & 2, the court made the following order:- 1/3

This petition is filed to condone the delay of 958 days in filing the appeal. 2.Heard the learned counsel for the petitioner. Mrs.Sivasankari, learned counsel takes notice for the 2nd respondent. The 3rd respondent remained exparte before the Tribunal and hence, notice to the 3rd respondent is dispensed with. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 958 days in filing the appeal is condoned on condition that the petitioner shall pay a cost of Rs.1,000/- (Rupees One Thousand Only) to the credit of the District Siddha Medical Officer CCRI PKM, A/c No 10767823177, IFSC Code : SBIN0000898, MICR CODE : 625002601, Branch: SBI Periyakulam, on or before 03.09.2024.

4.On production of proof for payment, the Registry is directed to number the appeal and post the appeal for admission.

sd/- 27/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM 2/3

TO THE COMMISSIONER, EMPLOYEES COMPENSATION, MADURAI. COPY TO THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PKM, PERIYAKULAM, THENI DISTRICT.

+1 CC to M/s.K.R.SHIVA SHANKARI, Advocate ( SR-10450[I] dated 28/08/2024 ) ORDER IN in CMA(MD) SR.No.38620 of 2023 Date :27/08/2024 RS/JGB/SAR-(30.08.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3