The Branch Manager v. Natarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR No.50018 of 2024 THE BRANCH MANAGER THE UNITED INDIA INSURANCE COMPANY LTD., 7A, WEST VELI STREET, MADURAI ... Petitioner / Appellant Vs 1 NATARAJAN 2 V.DURAIPANDI ... 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 258 days in filing the above appeal. Prayer in CMA(MD) SR No.50018 of 2024:

To set aside the judgment and decree dated 03.07.2023 passed in MCOP No.2043 of 2019 on the file of the Motor Accidents Claims Tribunal (IV Additional Sub Judge), Madurai.

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 1/4

arguments of M/s.ROBERT CHANDRA KUMAR I, Advocate for the petitioner and of Mr.S.RAMSUNDARAVIJAYARAJ, Advocate on behalf of the Respondent No.1, the Court made the following order:- This petition is filed to condone the delay of 258 days in filing of the above appeal in C.M.A.(MD)SR.No.50018 of 2024.

2. Since no relief has been sought as against the second respondent, notice to the second respondent is dispensed with.

3. Mr.Ramsundarvijayaraj, learned counsel takes notice for the first respondent and undertakes to file vakalat.

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

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 258 days in filing the above appeal in C.M.A.(MD)SR.No.50018 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), by 29.10.2024.

6. Registry is directed to number this appeal, if it is otherwise, in order and list the appeal for admission on 30.10.2024.

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7. Registry is directed to print the name of Mr.Ramsundarvijayaraj, learned counsel for the first respondent in the cause list. sd/- 28/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD To The IV Additional Subordinate Judge, Motor Accident Claims Tribunal, Madurai.

Copy to:

1.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.

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

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

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ORDER

IN in CMA(MD) SR No.50018 of 2024 Date :28/10/2024 ED/ SVR /SAR- (29/10/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4