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Madras High CourtCMP(MD)/6804/2019ordered

The Branch Manager v. Antonyammaal

2019-08-02Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.6804 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.6804 of 2019 and CMA(MD) No. SR81 of 2018 THE BRANCH MANAGER THE NATIONAL INSURANCE CO.LTD., 2ND FLOOR, HALL NO.10, JAWAHARLAL NEHRU THERU, PONDICHERRY-1, ... PETITIONER/APPELLANT Vs 1 ANTONYAMMAAL 2 THE RAJENDRA SCIENTIFIC SURGICAL PRIVATE LIMITED, 53, 2ND CROSS, JAWAHARLAL NAGAR POST, PONDICHERRY - 5 ... 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 553 days in representing the above C.M.A.SR.No.81 of 2018 PRAYER IN CMA(MD) No. SR81 of 2018 To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Special District Judge, Tiruchirappalli, in MCOP No.386 of 2013 dated 21.08.2017.

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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 553 days in representing 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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6804 of 2019 this Court is inclined to condone the delay subject to the payment of cost of Rs.2,500/- (Rupees two thousand and 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.

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 SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUCHIRAPPALLI Copy to 1.

The Officer-in-Charge, Legal Aid Services Committee, Madurai Bench of Madras High Court, Madurai.

2.

The Sub Assistant Registrar (AE) AE Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.6804 of 2019 and CMA(MD) No. SR81 of 2018 Date :02/08/2019 msa JMN/JC/SAR-1/07.08.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2