The Branch Manager v. A.Kowsalya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in C.M.A.(MD) SR.No.55058 of 2024 THE BRANCH MANAGER M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, AA TOWERS, PLOT NO.5, BY PASS ROAD, SS COLONY, MADURAI 625 010.

... APPELLANT/PETITIONER Vs 1 A.KOWSALYA 2 M.ARJUNAN ... RESPONDENTS/RESPONDENTS Civil Miscellaneous 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 246 days in filing the above CMA against the order passed in MCOP No.174 of 2020 on the file of the Honourable District and Sessions Court/Motor Accident Claims Tribunal, Madurai dated 10.08.2023 and thus render justice.

PRAYER IN C.M.A.(MD) SR.No.55058 of 2024:

Pleased to set aside the order dated 10.08.2023 made in MCOP.No.174 of 2020 on the file of the Hon'ble District and Sessions Court/Motor Accident Claims Tribunal, Madurai by allowing the above Civil Miscellaneous Appeal. 1/4

ORDER : This Civil Miscellaneous 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.V.MUTHU KAMATCHI, Advocate for the petitioner and of Mr.R.GOWRI SHANKAR, Advocate on behalf of the 1st Respondent and none appeared for the 2nd Respondent side either in person or by an advocate, the court made the following order:- This petition is filed to condone the delay of 246 days in filing the above appeal in C.M.A.(MD)SR.No.55058 of 2024.

2. Though notice to the second respondent has been served, none has entered appearance.

3. Heard the learned counsel for the petitioner/appellant and the first respondent.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 246 days in filing the above appeal in C.M.A.(MD)SR.No.55058 of 2024 is condoned on the payment of cost of Rs.500/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai), within a period of two weeks from the date of receipt of a copy of this order. 2/4

5. Registry is directed to number this appeal, if it is otherwise, in order and list the appeal for admission.

sd/- 12/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO THE DISTRICT AND SESSIONS JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

COPY TO:

1 THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3/4

ORDER

IN in C.M.A.(MD) SR.No.55058 of 2024 Date :12/09/2024 SA/VR/SAR. /20.09.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4