Madras High CourtCMP(MD)/12930/2022ordered

Gunasekaran, v. Sathaiyan,

2023-01-05Honourable Mrs Justice N. Mala2 pages

CMP(MD) No.10936 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD) No.12930 of 2022 IN CMA(MD) SR.No.49146 of 2015 GUNASEKARAN ... PETITIONER/PETITIONER/APPELLANT Vs 1 SATHAIYAN 2 THE MANAGER TATA AIC GENERAL INSURANCE COMPANY LTD, MAIN ROAD, KOVILPATTI, THOOTHUKUDI DISTRICT.

... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside and restore the appeal in M.P.(MD).No. 1 of 2015 in C.M.A. (MD) SR. No. 49146 of 2015 on the file of this Honourable Court which was dismissed for default on 14.12.2017 on the file of this Honourable Court.

Prayer in CMA(MD)SR.No.49146/2015 :

To prefer the Memorandum of Civil Miscellaneous Appeal against the judgement in M.C.O.P.No.1380/2012 dated 25.09.2014 on the file of Motor Vehicles Claims Tribunal, III Additional District Court, Tirunelveli.

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 M/S.S.VELRAJAN, Advocate for the petitioner, the court made the following order:- This petition is filed to restore the M.P(MD).No.1 of 2015 in CMA(MD).SR.No.49146 of 2015, which was dismissed for default on 14.12.2017.

2. Heard the learned counsel appearing for the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.10936 of 2019

3. I have gone through the affidavit filed in support of this petition and I am satisfied with reasons stated therein. Hence, this petition is allowed and MP(MD).No.1 of 2015 in CMA(MD). SR.No.49146 of 2015 is restored to file.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE III ADDITIONAL DISTRICT JUDGE, MOTOR VEHICLES CLAIMS TRIBUNAL, TIRUNELVELI.

ORDER

IN CMP(MD) No.12930 of 2022 IN CMA(MD) SR.No.49146 of 2015 Date :05/01/2023 PKP/SSS/SAR-4/27.01.2023/2P/2C https://www.mhc.tn.gov.in/judis 2/2