Madras High CourtCMP(MD)/9322/2019dismissed for default

Ganesan v. S.Krishnamoorthy

2024-06-10Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019 Ganesan ... Petitioner / Appellant Vs 1.S.Krishnamoorthy 2.M.Suresh ... Respondents Prayer in C.M.P(MD)No.9322 of 2019 : Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 310 days in filing the C.M.A.SR(MD)No.70327 of 2019.

Prayer in C.M.A.(MD)No.SR70327 of 2019 : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside or modify the order of the Tribunal in M.C.O.P.No.180 of 2013 dated 17.07.2018 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Pattukottai, Thanjavur District and allow the appeal with costs. 1/3

For Petitioners : No appearance For R1 : Mr.S.Deenadhayalan

ORDER

When the matter came up for hearing on 10.06.2024, there was no representation for the petitioner and therefore, it was adjourned to 10.06.2024, under the caption 'for dismissal. Even today(10.06.2024), when the matter was taken up for hearing, none appeared on behalf of the petitioner. Therefore, no purpose is going to be served in keeping this petition pending.

2. Accordingly, this Civil Miscellaneous Petition is dismissed for default and the Civil Miscellaneous Appeal is rejected at the SR stage itself.

10.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 2/3

G.ILANGOVAN, J.

pnn To

1. The Motor Accident Claims Tribunal cum Sub Judge, Pattukottai, Thanjavur District.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019 10.06.2024 3/3