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Madras High CourtCMP(MD)/14265/2024allowed

Sreemathi v. Thanu

2024-12-12Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD) SR No.72486 of 2024 SREEMATHI ... Petitioner / Appellant Vs 1 THANU 2 UNITED INDIA INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, HAVING OFFICE AT 2ND FLOOR, XAVIER BUILDING ASSISI CAMPUS, P.W.D. OFFICE ROAD, POST BOX NO.50, NAGERCOIL 3 KANAGALINGAM 4 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS BRANCH MANAGER, OFFICE AT DARE HOUSE, 2ND FLOOR, NUMBER 2, N.S.C.BOSE ROAD, CHENNAI 600 001.

... Respondents / Respondents 1/3

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 379 days in filing the above Civil Miscellaneous Appeal in C.M.A.(MD) S.R.No.72486 of 2024.

Prayer in CMA(MD) SR No.72486 of 2024:

To allow this appeal and set aside the award against this appellant in M.C.O.P. No.150 of 2017 on the file of the Motor Accident Claims Tribunal, (Special Sub Judge), Tirunelveli, dated 03.06.2023.

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 arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner and of Mr.P.PETHU RAJESH, Advocate on behalf of the Respondent No.2 and of Mr.C.T.PERUMAL, Advocate on behalf of the Respondent No.3 and of Mr.SHYLLAPPA KALYAN, Advocate on behalf of the Respondent No.4, the Court made the following order:- This petition is filed to condone the delay of 379 days in filing the above appeal.

2. Heard the learned counsel for the petitioner/appellant.

3. The learned Counsels appearing for the respondents No.3 & 4 have no objection to allow this petition.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on the condition to pay costs of Rs.1,000/- (Rupees Thousand only) to the High Court Legal Services Committee attached to this Court, 2/3

within a period of two weeks from today. Failing which, this petition shall automatically stand dismissed without reference to this Court. sd/- 12/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR To The Special Sub Judge, Motor Accident Claims Tribunal, Tirunelveli.

Copy to:

The Officer Incharge, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CMA(MD) SR No.72486 of 2024 Date :12/12/2024 ED/ VR /SAR- (18/12/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3