Madras High CourtCMP(MD)/7090/2020ordered

The Branch Manager v. S.Lillymary

2021-02-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.7090 of 2020 IN CMA(MD)SR.No.51079 of 2020 THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, PPK COMPLEX, FIRST FLOOR, SOUTH MAIN ROAD, PUDUKOTTAI-622 001.

TRICHY OFFICE:

THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, 43,A/2, PROMINENT SALAI, CANTONMENT, TRICHY-620 001 ... PETITIONER/APPELLANT Vs 1 S.LILLYMARY 2 M.SELVARAJ 3 S.DAISY GRACY 4 S.LEEMAROSE 5 S.BHOOLOGANATHAN 6 V.LEELAVATHY ... 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 361 days in filing the Civil Miscellaneous Appeal before this Hon'ble Court.

Prayer in CMA(MD)SR.No.51079 of 2020:

To modify the Decree and Judgment dated 13.09.2019 made in M.C.O.P.No.1713 of 2015 on the file of Special District Judge, Tiruchirappalli.

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.A.ILANGO, Advocate for the petitioner and of Mr.N.SUDHAGAR NAGARAJ, Advocate for the https://hcservices.ecourts.gov.in/hcservices/

Respondents 2 to 4 and 5th Respondent is 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 361 days in filing the above Civil Miscellaneous Appeal.

2. Learned counsel for the respondents 2 to 4 has no objection in ordering this petition. 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.2,000/- (Rupees Two Thousand 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/- 10/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, TIRUCHIRAPPALLI.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.7090 of 2020 in CMA(MD)SR.No.51079 of 2020 Date :10/02/2021 PKN TE/JC/SAR-I : 15/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/