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Madras High CourtCMP(MD)/14198/2024allowed

The Branch Manager, v. Minor. C.Kavibarathi

2025-07-24Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN in CMA(MD) SR.No.34795 of 2024 The Branch Manager, Cholamandalam MS General Insurance Co. Ltd., Sivakasi CIE, Office No.1252, Periyakaruppan Street, Virudhunagar Main Road, Sivakasi, Virudhunagar District, Tamilnad.

Petitioner Vs 1.Minor.C.Kavibarathi (The minor respondent represented through her father/ natural guardian Thiru.V.Chellapandi) 2.P.Ramarajan Respondents This Civil Miscellaneous Petition filed under Order Section 5 of the Limitation Act praying to condone the delay of 372 days in filing the appeal against the order in M.C.O.P.No.120 of 2021 dated 23.12.2022 on the file of Motor Accidents Claims Tribunal (Special Subordinate Judge for MCOP cases) Dindigul pending disposal of the above appeal.

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For Petitioner:

Mr.N.Shyllappakalyan, Advocate For Respondents: Mr.H.Lakshmi Shankar, Advocate for R1 No representation for R2

ORDER

The above petition has been filed seeking orders to condone the delay of 372 days in filing the above appeal.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.

3. Despite receipt of notice, the second respondent has not turned up.

4. Being satisfied with the reasons stated in the affidavit, the delay is condoned with a condition to the petitioner to pay the cost of Rs.1,000/- (Rupees One Thousand only) to the Women Lawyers Association attached to the Madurai Bench of Madras High Court, Madurai, on or before 25.07.2025, failing which, this petition shall stand dismissed automatically without any further reference to Court. Accordingly, this Civil Miscellaneous Petition is allowed. 2/3

5. Post the matter on 28.07.2025 'for reporting compliance'. sd/- 24/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM To 1.The Officer Incharge, Women Lawyers Association, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :24/07/2025 PS/SAR.24.07.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3