The United India Insurance Company Limited, v. C.Bose
CMP(MD) No.7155 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.7155 of 2020 IN CMA(MD)SR No.51288 of 2020 THE UNITED INDIA INSURANCE COMPANY LTD, THROUGH ITS BRANCH MANAGER, THENI TOWN, TALUK, THENI DISTRICT. ... PETITIONER/APPELLANT Vs 1 C.BOSE 2 P.BALAKRISHNAN ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 115 days in filing the appeal against the Award/decree and judgment dated 15-07-2019 passed in MCOP.No.17 of 2013 on the file of the Hon'ble Motor Accidents Claims Tribunal/Sub Court, Theni, decide the appeal on merits.
PRAYER IN CMA(MD)SR No.51288 of 2020:
To set aside the Judgment and Decree dated 15.07.2019 passed in MCOP No.17 of 2013 on the file of the Motor Accident Claims Tribunal/Sub Court, Theni.
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.C.KARTHIK, Advocate for the petitioner and of Mr.M.PRABU, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 115 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, this Court is inclined to condone the delay subject to the payment https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.7155 of 2020 of cost of Rs.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the 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".
sd/- 15/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
TO THE SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, THENI.
COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.7155 of 2020 IN CMA(MD)SR No.51288 of 2020 Date :15/02/2021 msa PK/SMA/SAR-III/18.02.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2