P.Sheik Abtakir @ Abuthakir v. S.Pitchai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand and Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.10019 of 2018 IN CMA(MD) No.SR12271 of 2018 1.P.SHEIK ABTAKIR @ ABUTHAKIR 2.P.HAKKIM (AMENDED AS PER ORDER IN I.A.NO.912/2013 DATED 25.03.2014) ... APPELLANTS / PETITIONERS Vs 1.S.PITCHAI 2.UNITED INDIA INSURANCE COMPANY LTD, REP.THROUGH ITS DIVISIONAL MANAGER, MADURAI. NO.91, KAMARAJAR SALAI, MADURAI-625 009.
... 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 510 days in filing the above appeal on the file of this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. Prayer in CMA(MD) No.SR12271 of 2018:
To enhance the award amount and set aside the Judgment and decree passed in M.C.O.P.No.1179 of 2016 on the file of the Motor Accident Claims Tribunal cum IV Additional District Judge and pass such further or other orders.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.J.S.MURALI, Advocate for the R2 and R1 not appeared either in person or by an Advocate, the court made the following order:- This Petition is filed to condone the delay of 510 days in filing the above said appeal.
https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel appearing for the petitioner Mr.J.S.MURALI, learned counsel takes notice for R2.
3.Though notice was served on the respondent No.1 and his name is also printed in the cause list he has not chosen to appear either in person or through counsel.
4.Considering the contention of the learned counsel for the petitioner's, the delay of 510 days is condoned on payment of cost of Rs.500/- (Rupees Five Hundred Only) to the Rojavanam, Homeless & Aged care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court.
sd/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE IV ADDITIONAL DISTRICT JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL MADURAI.
COPY TO :
THE ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.
ORDER
IN CMP(MD) No.10019 of 2018 IN CMA(MD) No.SR12271 of 2018 Date :29/10/2018 RAM/MMS/SAR 1/31.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/