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Madras High CourtWP(MD)/322/2018dismissed

Kalidass, S/O.Jeyaraj, v. The Superintending Engineer,

2021-11-16Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Thirteenth Day of June, Two thousand and Nineteen

CORAM:

THE HON'BLE MR. JUSTICE S.S.SUNDAR TR. C.M.P.(MD) No.322 of 2018 AND C.R.P.(MD)Nos.1792, 1793 and 1794 of 2018 TR. C.M.P.(MD)No. 322 of 2018:

The Manager, The New India Assurance Co.Ltd., 3 Main Road, Dindugal.

... Petitioner/4th Respondent - Vs. -

1. Dr.S.Shanthi

2. Minor Nandhini

3. Minor Ushavarshini (R2 and R3 Rep.through their Mother and Next Friend 1st Respondent)

4. Sankarammai

5. K.Sudakaran

6. The Manager, Bajaj Allianz General Insurance, Legal Office No.184/25, K.P.S.Shopping Arcade, Bye Pass Road, Madurai- 10.

7. A.R.Thirupathi ... Respondents/Respondents.

Prayer in TR CMP(MD)No. 322/ 2018 :

Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the C.P.C., to withdraw the proceedings in M.C.O.P. No.1088 of 2012 on the file of MACT (Principal District Court), Dindigul, and to transfer the same to the file of the MACT (3rd Additional District Court), Tirunelveli.

C.R.P.(MD)No.1792 of 2018:

The New India Assurance Company Limited, Dindigul, Rep by its Branch Manager, No.3, Main Road, Dindigul. ... Petitioner/Petitioner/2nd Respondent - Vs. -

1. Sudhakaran ...1st Respondent/1st Respondent/Petitioner

2. The Branch Manager, Bajaj Alliance Insurance Co Ltd., Vadasery, Nagercoil. ... 2nd Respondent/2nd Respondent/Proposed 2nd Respondent.

Prayer in CRP(MD)No. 1792/ 2018 :

Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal Order dated 08.06.2018 passed in I.A.No.466 of 2017 in M.C.O.P. No.1470 of 2016 on the file of Motor Accident Claims Tribunal, 3rd Additional District Court, Tirunelveli.

/ 2 / C.R.P.(MD)No.1793 of 2018:

The New India Assurance Co., Ltd., Dindigul, Rep by its Branch Manager, No.3, Main Road, Dindigul.

.... Petitioner/Petitioner/ 2nd Respondent.

- Vs. -

1. K.S.Janar ..1st Respondent/1st Respondent/ 2nd Respondent.

2. Sudhakaran ..2nd Respondent/2nd Respondent/ Proposed 2nd Respondent.

3. The Branch Manager Bajaj Alliance Insurance Co., Ltd, Vadasery, Nagercoil.

.. 3rd Respondent/3rd Respondent/ Proposed 3rd Respondent.

Prayer in CRP(MD)No. 1793/ 2018 :

Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal Order 08.06.2018 passed in I.A.No.467 of 2017 in M.C.O.P. No.1471 of 2016 on the file of the Motor Accident Claims Tribunal, 3rd Additional District Court, Tirunelveli.

CRP(MD)No. 1794 of 2018:

The New India Assurance Co., Ltd., Rep by its Branch Manager, No.3, Main Road, Dindigul.

... Petitioner/Petitioner/ 2nd Respondent.

- Vs. -

1. Sudhakaran

2. K.S.Janar

3. S.P.Pratheeja

...Respondents 1 to 3/

Respondents 1 to 3/Petitioners.

4. The Branch Manager Bajaj Alliance Insurance Co Ltd., Vadasery, Nagercoil.

...4th Respondent/4th Respondent/ Proposed 3rd Respondent.

Prayer in CRP(MD)No. 1794/ 2018 :

Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the the Fair and Decreetal Order 08.06.2018 passed in I.A.No.468 of 2017 in M.C.O.P. No.1472 of 2016 on the file of Motor Accident Claims Tribunal, 3rd Additional District Court, Tirunelveli.

ORDER: The Transfer Civil Miscellaneous Petition and the Civil Revision Petitions are coming on for hearing on this day, upon perusing the Petition and Affidavits filed in support thereof and upon hearing the arguments of Mr.G.Prabhu Rajadurai, Advocate for the Petitioner in Tr.CMP and CRP's and of Mr.AN.Ramanathan, Advocate for the first respondent and Mr.J.S.Murali, Advocate for the 6th respondent in Tr.CMP and Mr.P.Samuel Gunasingh, Advocate for

/ 3 / R1, R2 in CRP's and the earlier order of this Court dated 01.10.2018 and also the requisition letter in D.No.4319/2019, dated 10.05.2019 submitted by the Principal District Judge, Dindigul, this Court made the following order:

This Court by order, dated 01.10.2018, directed the learned Principal District Judge, Dindigul to dispose of the petitions in M.A.C.O.P.No.1088 of 2012 and M.C.O.P.Nos.1470, 1471 and 1472 of 2016 (which are now re-numbered as M.A.C.O.P.Nos.948 to 950 of 2018 respectively) within a period of six months from the date of receipt of a copy of that order.

2.Now, the learned Principal District Judge, Dindigul, sought for further time of four months to dispose of the above said cases. 3.Since the request of the learned Judge is reasonable, time is extended to dispose of M.A.C.O.P.No.1088 of 2012 and M.A.C.O.P.Nos.948 to 950 of 2018 for a further period of four months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) TO

1. The III Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.

2. The Principal District Judge, Motor Accident Claims Tribunal, Dindigul.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATE : 13.06.2019 TR. C.M.P.(MD) No.322 of 2018 AND C.R.P.(MD)Nos.1792 to 1794 of 2018 EXTENSION OF TIME Giving direction and etc. , as stated within.

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