Madras High CourtCMP(MD)/7925/2019withdrawn dismissed

Shiram Group Of Companies General Insurance v. M.Sembayee

2020-09-29Honourable Mr Justice S.S. Sundar2 pages

C.M.P.(MD)No.7925 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.M.P.(MD)No.7925 of 2019 in C.M.A.(MD)No.SR35689 of 2018 and C.M.A.(MD)No.SR35689 of 2018 Shriram Group of Companies General Insurance, Trichy.

: Petitioner/Appellant .. Vs ..

1.M.Sembayee 2.K.Arjunan 3.A.Jeyakumar : Respondents/Respondents PRAYER: Civil Miscellaneous Petition filed under Section 173(1) of Motor Vehicles Act 1988, to condone the delay of 327 days in filing the above Civil Miscellaneous Appeal against the Award passed in M.C.O.P.No.2097 of 2009, dated 15.02.2017 on the file of the Motor Accidents Claims Tribunal (III Additional Subordinate Court), Tiruchirapalli.

PRAYER: Civil Miscellaneous Petition filed under Section 173 of Motor Vehicles Act 1988, to set aside the judgment and decree passed by the Motor Accidents Claims Tribunal (II Additional Subordinate Court), Tiruchirapalli, in M.C.O.P.No.2097 of 2009, dated 15.02.2017.

For Petitioner/Appellant:Mr.D.Sivaraman For R1 :Mr.N.Sudhagar Nagaraj For R2 and R3 :No Appearance (in both cases) - - - - -

ORDER

The learned Counsel for the petitioner has circulated a letter requesting the Registry to list the miscellaneous petition under the caption "for withdrawal", as he has received instructions from the Insurance Company to withdraw this appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.(MD)No.7925 of 2019 2.Accordingly, the matter is listed today under the caption "for withdrawal" and the learned Counsel for the petitioner seeks permission of this Court to withdraw this petition. Permission is granted.

3.Recording the letter and the statement of the learned Counsel for petitioner, this Civil Miscellaneous Petition is dismissed as withdrawn. No costs. Consequently, the Civil Miscellaneous Appeal is rejected at SR stage.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) cmr To 1.The III Additional Subordinate Judge, (The Motor Accidents Claims Tribunal), Tiruchirapalli. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.D. SIVARAMAN, Advocate ( SR-18329[F] dated 29/09/2020 ) +1 CC to M/s.N. SUDHAGAR NAGARAJ, Advocate ( SR-18417[F] dated 30/09/2020 ) C.M.P.(MD)No.7925 of 2019 in C.M.A.(MD)No.SR35689 of 2018 and C.M.A.(MD)No.SR35689 of 2018 29.09.2020 VR(CO) NR (08.10.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2