Madras High CourtCMP(MD)/6880/2019ordered

T.Pitchamuthu v. Sakthi

2019-08-02Honourable Mr Justice Krishnan Ramasamy2 pages

CMP(MD) No.6880 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6880 of 2019 in CMA(MD)NO.SR16254 of 2018 T.PITCHAMUTHU ... PETITIONER/APPELLANT Vs 1 SAKTHI 2 THE BRANCH MANAGER M/S.NEW INDIA ASSURANCE CO LTD, MELUR MICRO OFFICE, THULAVUR COMPLEX, 2ND FLOOR, MADURAI-TRICHY MAIN ROAD, MELUR, MADURAI, THROUGH ITS DIVISIONAL MANAGER, MADURAI ... RESPONDENTS/RESPONDENTS 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 376 days in representation of the said CMASR.No.16254 of 2018.

PRAYER in CMA(MD)NO.SR16254 of 2018:

To allow the appeal and modify the award passed in M.C.O.P.No.1093 of 2015 dated 15.12.2017 on the file of the District & Sessions Court (For Communal Classes, Madurai), The Motor Accident Claims Tribunal, Madurai District.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.NA.PALANIYANDI, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 376 days in representing the above Civil Miscellaneous Appeal.

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CMP(MD) No.6880 of 2019 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 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.

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/- 02/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS JUDGE (FOR COMMUNAL CLASSES, MADURAI), THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI DISTRICT.

COPY TO : 1.THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, 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 M/S.NA.PALANIYANDI Advocate SR.No.12809

ORDER

IN CMP(MD) No.6880 of 2019 in CMA(MD)NO.SR16254 of 2018 Date :02/08/2019 msa PK/PN/SAR-4/07.08.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2