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Madras High CourtCMP(MD)/15280/2023ordered

Periyasamy v. V.Vignesh Kumar

2025-04-03Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-04-2025

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CMA(MD) SR NO. 28254 OF 2018 Periyasamy S/o.Kathan, Muthuraj Theru, B.Mettur Post, Thuraiyur Taluk, Trichy District.

Petitioner Vs V.Vignesh Kumar No.380, Kangeyam, Kathar Nagar, Nallru, Thiruppur Post, Covai District.

Respondent For Petitioner(s):

M/s.PT.S.Narendravasan For Respondent(s):

Court Notice ----- R2 - IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., OKS Building, Near IT Office, No.5.College Road, 2nd Trippur-641 602.

R1 - Exparte - Dispense With Memo Filed

ORDER

Mr.V.Sakthivel, learned counsel is on record for the second respondent and the appearance of the first respondent is dispensed with. 1/3

2. This civil miscellaneous petition is filed to restore CMP(MD).No.4225 of 2019 in CMA SR (MD) No.28524 of 2018 which was dismissed for non-payment of cost on 04.06.2019. Now after a lapse of more than six years, the CMP to restore the same has been filed.

3. Heard both sides.

4.Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the Siddha Clinic, Madurai Bench of Madras High Court. (A/c No.6865578213, Indian Bank, Madurai Bench of Madras High Court), within three days from the date of receipt of copy of this order, failing which, this petition shall stand automatically dismissed without reference to this Court.

5. It is made clear that for the intergennum period the Insurance Company is not entitled to pay the interest from 11.06.2019 to 03.04.2025.

6. Post the case on 16.04.2025.

sd/- 03/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

NST 2/3

TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.15280 of 2023 IN CMA(MD) SR NO. 28254 OF 2018 Date :03/04/2025 SS/SAR- /15/04/2025/ 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3