The Divisional Manager v. Sankar

CMP(MD) No.6889 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6889 of 2020 IN CMA(MD) SR No.50840 of 2020 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., NO.104-A, RANGA BUILDING, PERAMANUR MAIN ROAD, NEAR FOUR ROAD, SALEM 636 007. ... PETITIONER/APPELLANT Vs 1 SANKAR 2 K.VENKATESWARAN 3 A.C.KOTEESWARAN ... 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 338 days in filing the above Civil Miscellaneous appeal.

PRAYER IN CMA(MD) SR No.50840 of 2020:

To Set aside the Judgment and Decree dated 03.09.2019 passed in MCOP No.63 of 2015 on the file of the Motor Accident Claims Tribunal (Special Sub Judge) Tirunelveli. 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.G.PRABHU RAJADURAI, Advocate for the petitioner and of Mr.R.JIM, Advocate on behalf of the 1st Respondent and Mr.R.KARUNANITHI, Advocate for the 2nd Respondent, and the 3rd Respondent not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 338 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.6889 of 2020 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 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.

sd/- 08/02/2021 / TRUE COPY / / /2021 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 : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6889 of 2020 IN CMA(MD) SR No.50840 of 2020 Date :08/02/2021 pkn PK/JC/SAR-II/11.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2