Madras High CourtCMP(MD)/8631/2021ordered

Ayyanan v. V.Alagar

2021-11-17Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD) No.8631 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday,the Seventeenth day of November Two Thousandand Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.8631 of 2021 in CMA(MD)SR.No.21839 of 2021 1 AYYANAN 2 BANUMATHI, 3 SANGEETHA, ... PETITIONERS/PETITIONERS Vs 1 V.ALAGAR 2 SHRI RAM GENERAL INSURANCE CO.LTD.,, REP. BY ITS DIVISIONAL MANAGER, NO.66, THIRUMALAI PILLAI ROAD, 2ND FLOOR, CITY CENTRE COMPLEX, T-NAGAR, CHENNAI-600017. ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 05.07.2021 in C.M.P(MD)No. 4104 of 2021 in C.M.A.SR.(MD).No. 21839 of 2021 on the file of this Honourable Court and restore the same.

Prayer in CMP(MD). 4104/ 2021 :

To order to condone the delay of 1420 days in filing the Civil Miscellaneous Appeal.

PRAYER IN CMA(MD)SR.No.21839 of 2021:

Pleased to prefer this appeal against the Judgment and Decree passed in MCOP No.900 of 2012 dated 04.02.2017 by the learned District and Sessions Judge (for communal clashes cases court -Motor Accidents Claims Tribunal), Madurai.

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.A.MOHAN, Advocate for the petitioner, the court made the following order:- This petition is filed to set aside the order dated 05.07.2021 in CMP(MD)No.4104 of 2021 in CMA(MD)SR.No.21839 of 2021 and restore the same.

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CMP(MD) No.8631 of 2021

2. The petitioner filed CMP(MD) No.4104 of 2021 to condone the delay of 1420 days in filing the appeal.

3. The present petition is filed in time. Being satisfied with the reasons assigned in the affidavit filed in support of this petition, this petition is allowed and order dated 05.07.2021 in CMP (MD)No.4104 of 2021 in CMA(MD)SR.No.21839 of 2021 is set aside and CMP(MD)No.4104 of 2021 is restored.

sd/- 17/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS JUDGE (FOR COMMUNAL CLASHES CASES COURT - MOTOR ACCIDENTS CLAIMS TRIBUNAL) MADURAI.

ORDER

IN CMP(MD) No.8631 of 2021 in CMA(MD)SR.No.21839 of 2021 Date :17/11/2021 mbi PKP/VR/SAR-1/24.11.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2