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Madras High CourtCMP(MD)/13932/2024allowed on condition

The Branch Manager v. M.Suriyanivas

2024-11-18Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in C.M.A.(MD) SR.No.59497 of 2024 THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD., NO. 7A, 3RD FLOOR WEST VELI STREET, MADURAI.

... PETITIONER/APPELLANT Vs 1 M.SURIYANIVAS 2 SOMASEKAR, ... 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 162 days in preferring the above CMA against the Motor Accidents Claims Tribunal,(Chief Judicial Magistrate Madurai). PRAYER IN C.M.A.(MD) SR.No.59497 of 2024:

To set aside the Award dated 30.10.2023 made in M.C.O.P.No.366/2021 on the file of the learned Motor Accidents Claims Tribunal,(Chief Judicial Magistrate Madurai) and allow the above civil Miscellaneous Appeal. 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 1/3

MR.A.SHAJAHAN, Advocate for the petitioner and of MR.R.NARAYANAN, Advocate on behalf of the Respondent NO.1 and not appeared for the respondent No.2 either in person or through by an advocate, the court made the following order:- This petition is filed to condone the delay of 162 days in filing the above appeal in C.M.A.(MD)SR.No.59497 of 2024.

2. Heard the learned counsel for the petitioner/appellant and the first respondent. The learned counsel for the first respondent raised strong objection in allowing this petition.

3. Being satisfied the reasons stated in the affidavit filed in support of this petition, this petition is allowed on payment of costs of Rs.500/- to the High Court Legal Services Committee attached to this Bench, within a period of two weeks from today, failing which, this petition shall automatically stand dismissed without reference to this Court.

sd/- 18/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE CHIEF JUDICIAL MAGISTRATE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADURAI.

COPY TO THE OFFICER IN CHARGE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in C.M.A.(MD) SR.No.59497 of 2024 Date :18/11/2024 RK/GSV (22/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3