Madras High CourtCMP(MD)/6332/2020allowed

P. Kannappan v. Sooriya,

2021-02-15Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.6332 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifteenth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6332 of 2020 in CMA(MD)SR.No.5857 of 2020 1 P.KANNAPPAN 2 K.JEYALEKSHMI 3 A.RADHA ... PETITIONERS/APPELLANTS Vs 1 SOORIYA 2 RAVICHANDRAN 3 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS BRANCH MANAGER, BRANCH OFFICE AT NO.3 AND 4, DINDIGUL HIGHWAY ROAD, KALAVASAL, MADURAI-625 010.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 254 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD).SR.No.5857 of 2020. PRAYER IN CMA(MD)SR.No.5857 of 2020:

To allow this appeal and enhance the award amount in M.C.O.P.No.26 of 2016 on the file of the Motor Accident Claims Tribunal, (Principal Subordinate Judge), Nagercoil, dated 03.01.2019.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.SELVAKUMARAN, Advocate for the petitioners, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 254 days in filing 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.6332 of 2020 this Court is inclined to condone the delay subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) to the Women Advocates Association, MB Creche Account No.6477041768, 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 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, along with CMA(MD)No.840 of 2019. sd/- 15/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL.

COPY TO: THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT (CRECHE), MADURAI.

ORDER

IN CMP(MD) No.6332 of 2020 in CMA(MD)SR.No.5857 of 2020 Date :15/02/2021 pkn AE/SMA/SAR-IV (19/02/2021) 2P / 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2