Madras High CourtCMP(MD)/13367/2024ordered

Chandraraj v. Sekar

2024-10-24Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in C.M.A.(MD).No.1088 of 2014 Chandraraj ... Petitioner/Appellant Vs 1 Sekar 2 Reliance General Insurance E Company Limited Rep. Through its Manager Chennai. ... Respondents/Respondents Prayer in CMP(MD). No.13367 of 2024:- Civil Miscellenous petition filed Order 41 Rule of Civil Procedure Code pleased to set aside the order of dismissed for default by this Honourable Court on 12.09.2024 in CMA(MD). No.1088 of 2014 and to restore the above CMA(MD). No.1088 of 2014 on the file of this Honourable Court for hearing and disposal on merits and thus render justice.

Prayer in CMA(MD). 1088/ 2024 :

Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act to against the Judgment and Decree passed in M.C.O.P.No.30 of 2013 dated 22.07.2014 1/3

on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Tuticorin, Tuticorin District.

ORDER:- This Civil Miscellenous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Balamurugapandi, Advocate for the Petitioner and of Mr.V.Sakthivel, Advocate for the second respondent, this Court made the following order:

" This petition is filed to set aside the order of dismissal for default by this Court on 12.09.2024.

2. Heard the learned counsel for the petitioner and the learned counsel for the second respondent.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed, the appeal is restored to file". Sd/- Assistant Registrar(CS-III) // True Copy // /11/2024 Sub Assistant Registrar ( CS-I / II / III / IV ) 2/3

TO The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Tuticorin, Tuticorin District Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 24/10/2024 ==========================

ORDER

========================== in C.M.A.(MD).No.1088 of 2014 SI -(08.11.2024) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3