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Madras High CourtCMP(MD)/9360/2019ordered

K.Pandimeenal v. P.Saravanan,

2021-03-09Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of March Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.9360 of 2019 IN CMA(MD)SR.No.67841 of 2019 1 K.PANDIMEENAL 2 SENTHILKUMAR 3 MANIRAJAN 4 ALAGAR ... APPELLANTS/PETITIONERS Vs 1 P.SARAVANAN, 2 V.S.RAMANATHAN 3 THE BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., REP BY ITS MANAGER, OFFICE AT 184/25, K.P.S.SHOPPING ARCADE, 1ST FLOOR, BYE PASS ROAD, HOTEL GOWRI KRISHNA, MADURAI - 625010.

4 T.SATHISHWARAN ... 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 51 days in filing CMA(MD)SR.No.67841 of 2019 against the Fair and Decree order passed in M.C.O.P.No.120/2019 dated 27.04.2019 on the file of the District Motor Accident Claim Tribunal- cum - Special District Court for MCOP cases, Madurai. Prayer in CMA(MD)SR.No.67841 of 2019:

To call for the records and set aside the Fair and Decree order passed in M.C.O.P.No.120/2019 dated 27.04.2019 on the file of the District Motor Accident Claim Tribunal- cum - Special District Court for MCOP cases, Madurai and enhance the additional compensation of Rs.5,00,000/-.

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.RM.ARUN SWAMINATHAN, Advocate for https://hcservices.ecourts.gov.in/hcservices/

the petitioners and of Mr.V.SAKTHIVEL, Advocate for the 3rd Respondent and the Respondents 1 and 4 are 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 51 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 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 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/- 09/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SPECIAL DISTRICT JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.

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

ORDER

IN CMP(MD) No.9360 of 2019 IN CMA(MD)SR.No.67841 of 2019 Date :09/03/2021 PKN TE/SMA/SAR-IV : 12/03/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/