National Insurance Company Ltd., v. Kuruvalakshmi
CMP(MD) No.7707 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7707 of 2019 in CMA(MD).SR.NO.43213 of 2018 NATIONAL INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, HAVING OFFICE AT B.11, VARDHAMAN PLAZA, 2ND FLOOR SECTOR-16, NOIDA 210301, GAUTAM BUDHA NAGAR, UTTAR PRADESH STATE ... PETITIONER/APPELLANT Vs 1 KURUVALAKSHMI 2 DEVI, 3 SUNDAR, 4 RAJAGOPAL, 5 M/S.DINESH TRANSPORT SERVICE, THROUGH ITS MANAGER, OFFICE AT SECTOR 17/18, DIVIDER ROAD SARADHA IN FRONT OF MGF TOYOTA GURGAON GURGAON, HARYANA STATE. ... 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 295 days in representing the CMA(MD) SR.No.43213 of 2018 and thus render justice.
PRAYER IN MA(MD)SR.No.43213 of 2018:
To set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Special Sub Court, Tirunelveli in MCOP.No.954 of 2014 dated 13.06.2017.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.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 295 days in representing the above Civil Miscellaneous Appeal.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.7707 of 2019 2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,500/-.(Rupees one thousand and five hundred only) to the Legal Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which this petition shall stand automatically dismissed without any further reference to this Court.
4.This petition is accordingly ordered.
5. 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/- 29/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUNELVELI.
COPY TO:
1.THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-14336[I] dated 29/08/2019 )
ORDER
IN CMP(MD) No.7707 of 2019 in CMA(MD).SR.NO.43213 of 2018 Date :29/08/2019 gcg AE/JC/SAR-II (05.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2