Madras High CourtCMP(MD)/6230/2019ordered

H.Mohamed Gani v. D.M.Venkadeswaran

2021-02-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.6230 of 2019 IN CMA(MD)SR.No.25871 of 2019 1 H.MOHAMED GANI 2 G.M.NAJEEMA ... PETITIONERS/APPELLANTS/ PETITIONERS Vs 1 D.M.VENKADESWARAN 2 THE MANAGER M/S.IFFCO-TOKIO GENERAL INSURANCE CO.LTD., No.82, PREETHAM PLAZA, CHANDRA KHANDHI NAGAR, PONMENI, MADUDRAI-625 016 ... RESPONDENTS/RESPONDENTS/ RESPONDENTS 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 253 days to prefer this appeal before this Honourable Court against the judgment in M.C.O.P.No.2617 of 2015 dated 18.04.2018 on the file of the VI Additional District Judge, Madurai.

Prayer in CMA(MD)SR.No.25871 of 2019:

To enhance the award passed in M.C.O.P.No.2617 of 2015 dated 18.04.2018 on the file of VI Additional District Judge, 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 Ms.P.YASMIN BEGUM, Advocate for the petitioner and of Mr.V.SAKTHIVEL, Advocate for the 2nd Respondent, the Court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 253 days in filing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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.1,500/- (Rupees one thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the petition shall stand dismissed automatically without any further reference to this Court.

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".

sd/- 09/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO THE VI ADDITIONAL DISTRICT JUDGE, MADURAI.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6230 of 2019 in CMA(MD)SR.No.25871 of 2019 Date :09/02/2021 MSA TE/JC/SAR-III : 12/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/