Madras High CourtCMP(MD)/11652/2018ordered

Cholamandalam Ms General v. Shanthi, W/O. Louis Raja,

2019-07-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11652 of 2018 IN CMA(MD) No.SR24449 of 2018 CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD., REP. BY ITS BRANCH MANAGER, II-FLOOR, NO.2, N.S.C.BOSE ROAD, CHENNAI. ... PETITIONER/APPELLANT Vs SHANTHI ... RESPONDENT/ PETITIONER 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 132 days in filing the above appeal against the fair and decreetal order dated 31.08.2017 made in MCOP No.112 of 2016 on the file of Motor Accidents Claims Tribunal, (Chief Judicial Magistrate), Sivagangai, and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

PRAYER IN CMA(MD) No.SR24449 of 2018:

Pleased to set aside the fair and decreetal order dated 31.08.2017 made in MCOP No.112 of 2016 on the file of Motor Accidents Claims Tribunal( Chief Judicial Magistrate), Sivagangai. 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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 132 days in filing the above Civil Miscellaneous Appeal.

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 the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

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3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 01/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, SIVAGANGAI.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.S.SRINIVASA RAGHAVAN Advocate SR.No.10810

ORDER

IN CMP(MD) No.11652 of 2018 IN CMA(MD) No.SR24449 of 2018 Date :01/07/2019 TK/PN/SAR.2/05.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/