Branch Manager, v. K.Pommaiyan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11554 of 2018 IN CMA(MD) No.SR.12443 of 2018 BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, DOOR NO.54, R.V.K.BUILDING, THALI ROAD, UDUMALAIPETTAI TOWN.
... PETITIONER/ APPELLANT/ 2nd RESPONDENT Vs 1 K.POMMAIYAN 2 POUNTHAI 3 SHANMUGASUNDARI 4 VIMALARANI ... 1- 4 RESPONDENTS/ 1-4 RESPONDENTS/ 1-4 PETITIONERS 5 M/S.SAKTHI HATCHERIES, DOOR NO.7-A, SHANTHI NAGAR 1ST CROSS, PALLADAM ROAD, POLLACHI TOWN.
(5th RESPONDENT REMAINED EXPARTE BEFORE THE LOWER COURT) ... 5th RESPONDENT/ 5th RESPONDENT/ 1st RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 220 days in representing the above CMA(MD) SR.No.12443 of 2018 and thus render justice.
PRAYER IN CMA(MD) No.SR.12443 of 2018:
To set aside the the Award of Rs.14,36,250/-(rupees Fourteen Lakhs Thirty Six Thousand Two hundred and Fifty Only) passed in M.C.O.P.No.565 of 2015, dated 19.01.2018, on the file of the Motor Accident Claims Tribunal cum Additional District Judge,(Full Incharge), Dindigul.
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.K.BHASKARAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 220 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR12443 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.1000/- (Rupees One Thousand 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. On showing proof of payment, Registry is directed to number the appeal, if the papers are otherwise in order and list the appeal for admission on 03.12.2018.
sd/- 28/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE ADDITIONAL DISTRICT JUDGE,(FULL INCHARGE), MOTOR ACCIDENT CLAIMS TRIBUNAL, DINDIGUL.
COPY TO:
1. THE SECTION OFFICER,(Chief Justice Relief Fund) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.11554 of 2018 IN CMA(MD) No.SR12443 of 2018 Date :28/11/2018 MS/VR-MMS/SAR-4/30.11.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/